Serving as executor is a significant responsibility that requires time, effort, and often expertise. The good news? Ohio law allows executors to be compensated for their work.
But how much can you actually charge? And what’s considered reasonable?
*This is not a substitute for legal advice-I am not an attorney, information is for education only. This information was current as of 2-2026, if you have specific questions consult your attorney.*
Here’s everything executors need to know about fees and compensation in Ohio.
Are Executors Required to Take a Fee?
No. Many family members serve as executor without compensation, especially for smaller estates or when they’re the primary beneficiary.
Taking a fee is completely optional. You can:
- Take full compensation
- Take partial compensation
- Waive compensation entirely
Important: If you waive your fee, you’re also waiving the ability to deduct executor work from your personal taxes. Executor fees are taxable income to you but tax-deductible estate expenses.
How Much Can Executors Charge?
Ohio law doesn’t set a specific percentage or dollar amount for executor fees. Instead, it requires fees to be “reasonable” based on the circumstances.
Typical range: 3-6% of the estate’s gross value
Factors that affect what’s reasonable:
- Size of the estate
- Complexity of assets
- Time required
- Executor’s expertise
- Whether real estate is involved
- Family conflicts or challenges
- Length of administration
What Influences “Reasonable” Compensation?
Estate Size
Small estates ($50,000 or less): Often 4-6% or a flat fee
Medium estates ($100,000-$500,000): Typically 3-5%
Large estates ($500,000+): Often 2-4% (lower percentage but higher dollar amount)
Complexity
Simple estate: All beneficiaries agree, no real estate, minimal assets → Lower end of range
Complex estate: Real estate to sell, business interests, disputes, litigation, out-of-state property → Higher end of range
Time Invested
Keep detailed records of:
- Hours spent on executor duties
- What you did during that time
- Decisions you made
- Problems you solved
Courts are more likely to approve fees when you can show significant time investment.
Expertise Required
If you had to:
- Learn probate law and procedures
- Coordinate professional services
- Manage complex assets
- Handle family conflicts
- Navigate real estate sales
Higher compensation is justified.
Real Estate and Executor Fees
When an estate includes real estate:
- More work is required (maintenance, insurance, sales)
- Timeline is longer (real estate sales take months)
- More coordination needed (agents, appraisers, contractors)
- Higher fees are typically justified
Typical adjustment: 4-6% instead of 3-4% for estates with real estate.
Important: The executor fee is separate from real estate agent commissions. The estate pays both.
Sample Fee Calculations
Example 1: Simple Estate
- Estate value: $150,000
- Assets: Bank accounts, car, personal property
- All beneficiaries agree
- No real estate
- Completed in 7 months
- Reasonable fee: $4,500-$6,000 (3-4%)
Example 2: Estate with Real Estate
- Estate value: $350,000 (includes $250,000 house)
- Had to sell house (9 months to sell)
- Minor family disagreement about distribution
- Completed in 14 months
- Reasonable fee: $14,000-$21,000 (4-6%)
Example 3: Complex Estate
- Estate value: $800,000
- Multiple properties in different states
- Business interests
- Family litigation
- Took 24 months to settle
- Reasonable fee: $32,000-$48,000 (4-6%)
How to Request Executor Fees
Executor fees must be approved by the probate court.
Process:
- Track your time throughout – Keep a detailed log of hours and tasks
- Calculate proposed fee – Determine what you believe is reasonable
- Include in Final Accounting – List your proposed fee when filing the final accounting with the court
- Serve on beneficiaries – All beneficiaries receive notice of your fee request
- Wait for objection period – Beneficiaries have time to object if they think the fee is excessive
- Court approval – If no objections (or objections are resolved), court approves the fee
- Pay yourself from estate – Only after court approval
When Beneficiaries Object
Beneficiaries can object to executor fees if they believe them to be:
- Excessive for the work performed
- Not justified by estate complexity
- Unreasonable given the time invested
If objections are filed:
- You may need to provide detailed time records
- Court will hold a hearing
- Judge determines what’s reasonable
- Court may approve, reduce, or deny fees
Best practice: Be transparent about your fee calculation from the beginning. Communicate with beneficiaries before filing.
Can You Take Interim Fees?
Some executors want to be paid periodically during estate administration rather than waiting until the end.
Ohio allows this, but:
- Court approval is typically required
- Interim fees must still be reasonable
- Final accounting reconciles all fees paid
- Risk: If court later decides fees were excessive, you may have to return money
Most executors wait until final accounting to request fees to avoid complications.
Tax Implications
For the executor:
- Executor fees are taxable income (report on your Form 1040)
- You’ll receive a 1099-MISC from the estate
- Fees are taxed as ordinary income
For the estate:
- Executor fees are deductible estate expenses
- Reduces the taxable estate
- Can save estate taxes on larger estates
When Professional Executors Charge More
If you’re a professional fiduciary (attorney, accountant, trust company):
- Higher fees are typical
- Often based on hourly rates
- Court may scrutinize professional fees more closely
- Must still be reasonable for the estate
Professional executor fees: Often $150-$400/hour depending on expertise.
Should You Waive Your Fee?
Consider waiving if:
- You’re the sole or primary beneficiary (your inheritance is your “payment”)
- The estate is small and fees would significantly reduce inheritances
- Family relationships are more important than compensation
- You don’t need the taxable income
Consider taking a fee if:
- You’re not the primary beneficiary
- The estate is substantial
- Significant time and effort required
- Multiple beneficiaries sharing equally
- You provided professional expertise
Best Practices for Executor Compensation
1. Keep detailed time records from day one
- Date and time spent
- Tasks performed
- Decisions made
- Problems solved
2. Be transparent with beneficiaries
- Let them know early you intend to take a fee
- Explain what’s typical and reasonable
- Address concerns before final accounting
3. Compare to professional rates
- What would an attorney or professional fiduciary charge?
- Your fee should be reasonable compared to professional alternatives
4. Document extra work
- Property maintenance
- Family conflict resolution
- Complex asset management
- Business continuity
5. Don’t inflate the fee
- Courts and beneficiaries will scrutinize excessive fees
- Reasonable fees are almost always approved
- Greedy fees damage family relationships and may be denied
What If the Will Specifies Compensation?
Some wills state: “My executor shall receive compensation of X% of the estate value.”
This is helpful but not binding:
- The stated amount is strong evidence of what the deceased thought was reasonable
- Courts typically approve fees specified in the will
- But courts can still reduce excessive fees
- And courts can approve higher fees if circumstances justify
Get More Information
Executor compensation is just one aspect of estate administration. My comprehensive guides cover all your executor responsibilities:
- Ohio Probate Roadmap
- Executor First Week Checklist
- Timeline and Deadline Tracking
- Estate Inventory Guide
- And more
To receive free executor resources:
📧 Email: danielle@swohio.homes
📱 Call or Text: 513.628.2880
Get the guidance you need to serve effectively and be fairly compensated for your work.
**I am not an attorney, I am Probate Certified, and a Licensed Real Estate Professional with Plum Tree Realty.