Detailed Answer
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for advice on your specific situation.
Under Ohio law, a personal representative (also called an executor or administrator) may receive statutory commissions on the value of estate assets and on money paid out of the estate. The primary authority is Ohio Revised Code § 2113.36, which sets default compensation rates when a will does not specify a different fee structure. You must petition the probate court and, unless the will provides otherwise, the court generally approves these statutory commissions.
Key provisions of ORC 2113.36 include:
- 2% commission on the first $200,000 of estate personal property;
- 1% commission on the balance of estate personal property above $200,000;
- 4% commission on all money received from claims and sales;
- 4% commission on all money paid out of the estate.
For example, imagine an estate that holds $300,000 in bank accounts and a $200,000 parcel of real estate sold during administration. The representative could claim:
• 2% of $200,000 = $4,000
• 1% of the next $100,000 = $1,000
• 4% on sale proceeds ($200,000) = $8,000
• 4% on distributions of cash ($300,000) = $12,000
Total statutory commission = $25,000.
If the decedent’s will sets a different fee, the personal representative follows that direction unless the court finds it unreasonable. The probate court may adjust commissions up or down based on factors such as complexity, time spent, and estate size.
To request commissions, file a written petition in the probate court overseeing the estate. Include an accounting of assets, proposed fee calculation, and any will provisions. The court schedules a hearing, after which it issues an order approving or modifying the commission.
For full text and details, see Ohio Revised Code § 2113.36: codes.ohio.gov/ohio-revised-code/section-2113.36.
Helpful Hints
- Review the decedent’s will for any fee provisions that override the statute.
- Keep detailed records of time spent and tasks performed for transparency.
- Prepare an estate accounting showing asset values, receipts, and disbursements.
- File the fee petition early to avoid delays in the probate process.
- Consult probate court local rules for filing deadlines and hearing procedures.