(A) Executors and administrators shall be allowed fees upon the amount of all the personal property, including the income from the personal property, that is received and accounted for by them and upon the proceeds of real property that is sold, as follows:
(1) For the first one hundred thousand dollars, at the rate of four per cent;
(2) All above one hundred thousand dollars and not exceeding four hundred thousand dollars, at the rate of three per cent;
(3) All above four hundred thousand dollars, at the rate of two per cent.
(B) Executors and administrators shall be allowed a fee of one per cent on the value of real property that is not sold. Executors and administrators also shall be allowed a fee of one per cent on the value of all property that is not subject to administration and that would have been includable for purposes of computing the Ohio estate tax, except joint and survivorship property, had the decedent died on December 31, 2012, so that section 5731.02 of the Revised Code applied to the estate.
(C) The basis of valuation for the allowance of the fees on real property sold shall be the gross proceeds of sale, and for all other property the fair market value of the other property as of the date of death of the decedent. The fees allowed to executors and administrators in this section shall be received in full compensation for all their ordinary services.
(D) If the probate court finds, after a hearing, that an executor or administrator, in any respect, has not faithfully discharged the duties as executor or administrator, the court may deny the executor or administrator any compensation whatsoever or may allow the executor or administrator the reduced compensation that the court thinks proper.
Notes of Decisions
Cited in 20
cases (2 in the last 5 years), 1954–2025 · leading case: Whitaker v. Est. of Whitaker, 663 N.E.2d 681 (Ohio Ct. App. 1995).
Whitaker v. Est. of Whitaker, 663 N.E.2d 681 (Ohio Ct. App. 1995). · cites it 5דThe court below acted under the authority of R.C. 2113.35 and 2113.36 in denying the following expenses: *58 Amount Description $19,700.”
In Re Est. of Doran, 2010 VT 13 (Vt. 2010). · cites it 2ד§ 1651(6), which instructs the probate court to authorize whatever type of sale will be most beneficial to all concerned parties.”
In re Est. of Brunger, 2018 Ohio 4474 (Ohio Ct. App. 2018). · cites it 2ד“If the fees payable pursuant to section 2113.35 of the Revised Code exceed the reasonable value of such ordinary services rendered, the court shall adjust any allowance made for extraordinary services so that the total fees and allowances to be made fairly reflect the…”
In Re Est. of Burchett, 241 N.E.2d 787 (Ohio Ct. App. 1968). · cites it 4ד” The letters of administration issued to the administratrix herein provided, among other duties, that she “make and return to the court on oath, within the time required by law, a true inventory,” etc.”
Disciplinary Couns. v. Jancura, 2022 Ohio 3189 (Ohio 2022). “See R.C. 2113.35; Loc.R. 71(D) of the Court of Common Pleas of Cuyahoga County, Probate Division.”
In Re Est. of Secoy, 484 N.E.2d 160 (Ohio Ct. App. 1984). “In the final distributive account, Dixon reported that he paid himself an executor’s fee, in accordance with R.C. 2113.35, of $2,892.10. In addition, the executor paid William M.”
Aranda v. Tammac Holdings Corp., 919 N.E.2d 278 (Ohio Ct. App. 2009). · cites it 5ד” Executor Aranda contends that the trial court properly looked to R.C. 2113.35 to determine the compensation to which she was entitled.”
Greenawalt v. Freed, 2018 Ohio 2603 (Ohio Ct. App. 2018). “, when they "discovered" they were the sole proper and legal beneficiaries under Ohio's anti-lapse statute; appellants also contend they did not learn until 2015, after speaking with a new attorney, that the fees charged in the 2006 probate proceedings were excessive, pursuant…”
Nadlin v. Mannarino, 149 N.E.2d 31 (Ohio Ct. App. 1957). · cites it 2ד24, Revised Code); to fix compensation for executors and administrators (Section 2113.35, Revised Code), for their attorneys (Section 2113.”
In re Est. of Oburn, 2025 Ohio 2706 (Ohio Ct. App. 2025). · cites it 29דIn support, Brock cited R.C. 2113.35, which authorizes fiduciary fees for executors and administrators based on the asset value involved.”
In Re Est. of Hernton, 842 N.E.2d 104 (Ohio Ct. App. 2005). “ASSIGNMENT OF ERROR III The probate court committed prejudicial error in calculating the amount of fiduciary fees pursuant to R.C. 2113.35 by including portions of the teacher’s personal annuity contract in the estate of the decedent, thereby increasing the fiduciary fees.”
In Re Est. of Brown, 129 N.E.2d 509 (Ohio Ct. App. 1954). · cites it 6דThe administrator took credit for compensation which exceeded that, allowed by Section 2113.35, Revised Code, formerly Section 10509-192, General Code.”
In re Est. of Oburn, 2025 Ohio 2706 (Ohio Ct. App. 2025). “In support, Brock cited R.C. 2113.35, which authorizes fiduciary fees for executors and administrators based on the asset value involved.”
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