Updated August 3, 2026. Quick answer: Ohio’s statutory percentages — 4%, 3%, 2% — are the executor’s commission, not the attorney’s fee. Attorney compensation in Ohio is “reasonable,” approved by the probate court, and in practice guided by each county court’s own local rule, which is why the answer genuinely differs from county to county.
The statutory percentages, and whose they are
Under ORC §2113.35, executors and administrators receive commissions of 4% on the first $100,000, 3% on the next $100,000 to $400,000, and 2% above $400,000 of personal property plus real property sold — with an additional 1% on unsold real property and 1% on certain non-probate property. Every one of those figures is the executor’s.
Where the attorney fee is actually set
Ohio prescribes no attorney percentage. The fee must be reasonable and is subject to probate court approval, and most county probate courts publish a local rule giving the guideline they apply. That is a real, checkable document — and it is the county’s rule, not a statewide schedule, so an estate in one county can be reviewed against a different guideline than an identical estate in the next. Ask which local rule the court applies and what the guideline says before agreeing to a fee.
The practical consequence
Because the executor’s commission is statutory and the attorney’s fee is not, an Ohio estate where one person is both executor and sole beneficiary often waives the commission (it is taxable income, where an inheritance generally is not) while still paying the attorney. Those are independent decisions, and treating them as one number is the mistake.
The rest of the arithmetic: Ohio probate cost, and whether an executor who is also an heir should waive the fee.
How the fee models compare across all 51 jurisdictions: probate cost by state, and the national picture on what a probate attorney costs.
Statutory text read at each state’s own legislature or official code publisher. General information, not legal advice; fee statutes change and a court retains the final say on what is reasonable.