Updated September 7, 2026. Quick answer: In Ohio, ohio requires every fiduciary (executor, administrator, guardian, testamentary trustee) to file bond before letters are issued, with the penal sum set at no less than double the probable value of personal property plus annual real-property rental income; bond is the default regardless of proceeding type, since Ohio does not use the UPC informal/formal split.
Does Ohio require an executor to post a bond?
Ohio requires every fiduciary (executor, administrator, guardian, testamentary trustee) to file bond before letters are issued, with the penal sum set at no less than double the probable value of personal property plus annual real-property rental income; bond is the default regardless of proceeding type, since Ohio does not use the UPC informal/formal split.
“a bond with a penal sum in an amount that is fixed by the court, but in no event less than double the probable value of the personal property and of the annual real property rentals”
Source: Ohio Rev. Code § 2109.04
Can the will waive it in Ohio?
Yes. Under R.C. 2109.04(A)(2), if the instrument dispenses with bond the court must appoint the fiduciary without bond unless the court believes the interest of the estate/trust demands it; the sole-beneficiary exemption below is also expressly subject to being overridden by contrary will language.
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Can the heirs or beneficiaries waive it in Ohio?
Yes. Bond is not required of a surviving spouse administering the estate if entitled to the entire net proceeds, and not required of a next-of-kin administrator entitled to the entire net proceeds of an intestate estate; automatic sole-PR/sole-beneficiary exemptions, unless the testator specified otherwise in the will.
If a bond is required, how much?
When a bond is required, Ohio sizes it at 200% of the estimated value of the personal estate, per its own bond-amount statute.
“double the probable value of the personal property and of the annual real property rentals that will come into the possession or under the control of the person as a fiduciary”
Source: Ohio Rev. Code § 2109.04(A)(1)
What makes Ohio different
Ohio ties the bond amount to a concrete formula (double personal-property value plus annual real-property rental income) instead of unguided court discretion, and grants two automatic sole-beneficiary carve-outs that apply without any court petition unless the will itself says otherwise.
A note on sourcing: The primary fetch of R.C. 2109.04 confirmed the sentence ‘if the instrument creating the trust dispenses with the giving of a bond…’ verbatim; that this extends to a decedent’s will for an executor is corroborated by secondary legal sources found via a general web search the same session, not by an explicit ‘or the will’ clause found verbatim in the primary text.
| Bond-requirement source | Ohio Rev. Code § 2109.04 |
| Ohio courts (general reference) | Ohio judicial branch |
| Confidence | Medium |
Every statute quoted on this page was read directly from the state’s own legislature/code site this session, or, where that site blocked automated access, from a reputable legal-citation mirror quoting the same official text with its official citation (disclosed below). General information, not legal advice; a probate court has final discretion over bond in every state; confirm your own case with the court or a local attorney before relying on the default described here.
Related: how long creditors have to file a claim against an estate in Ohio.