Ohio Revised Code

Ohio Rev. Code § 2113.36 (2026)

Further allowance - counsel fees

✓ current as of May 2026

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Effective:

January 13, 2012

Latest Legislation:

Senate Bill 124 - 129th General Assembly

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Allowances, in addition to those provided by section 2113.35 of the Revised Code for an executor or administrator, that the probate court considers just and reasonable shall be made for actual and necessary expenses and for extraordinary services not required of an executor or administrator in the common course of the executor's or administrator's duties.

Upon the application of an executor or administrator for further allowances for extraordinary services rendered, the court shall review both ordinary and extraordinary services claimed to have been rendered. If the fees payable pursuant to section 2113.35 of the Revised Code exceed the reasonable value of the 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 reasonable value of both ordinary and extraordinary services.

If an attorney has been employed in the administration of the estate, reasonable attorney fees paid by the executor or administrator shall be allowed as a part of the expenses of administration. The court may at any time during administration fix the amount of those fees and, on application of the executor or administrator or the attorney, shall fix the amount of the fees. If provision is made by the will of the deceased for compensation to an executor, the amount provided shall be a full satisfaction for the executor's or administrator's services, in lieu of the fees or share of the fees, unless by an instrument filed in the court within four months after appointment the executor or administrator renounces all claim to the compensation given by the will.

Notes of Decisions

Cited in 68 cases (10 in the last 5 years), 1954–2025 · leading case: In re Est. of Klie, 2017 Ohio 487 (Ohio Ct. App. 2017).

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In re Est. of Klie, 2017 Ohio 487 (Ohio Ct. App. 2017). · cites it 8× “] Proceedings under R.C. 2113.36 are not subject to Rule 53. [III.”

In Re Keller, 584 N.E.2d 1312 (Ohio Ct. App. 1989). · cites it 5× “R.C. 2113.36 provides in pertinent part: “When an attorney has been employed in the administration of the estate, reasonable attorney fees paid by the executor or administrator shall be allowed as a part of the expenses of administration.”

Whitaker v. Est. of Whitaker, 663 N.E.2d 681 (Ohio Ct. App. 1995). · cites it 4× “R.C. 2113.36. To be an actual and necessary expense under R.”

In Re Est. of Duffy, 774 N.E.2d 344 (Ohio Ct. App. 2002). · cites it 6× “” {¶ 7} R.C. 2113.36 provides that if an attorney has been employed in the administration of an estate, reasonable attorney fees shall be allowed.”

Shaker House, L.L.C. v. Daniel, 2022 Ohio 2778 (Ohio Ct. App. 2022). · cites it 5× “The local probate court rule prohibited the payment of attorney fees to an executor, who also provided legal services to an estate, if that individual failed to obtain the court’s preapproval of a contract for legal services.”

In Re Est. of York, 727 N.E.2d 607 (Ohio Ct. App. 1999). · cites it 3× “36 provides the means for the payment of reasonable attorney fees in probate cases: “When an attorney has been employed in the administration of the estate, reasonable attorney fees paid by the executor or administrator shall be allowed as a part of the expenses of…”

In Re Est. of Geanangel, 761 N.E.2d 1235 (Ohio Ct. App. 2002). · cites it 2× “{¶ 52} R.C. 2113.36 provides, “When an attorney has been- employed in the administration of the estate, reasonable attorney fees paid by the executor or administrator shall be allowed as a part of the expenses of administration.”

Ollick v. Rice, 476 N.E.2d 1062 (Ohio Ct. App. 1984). · cites it 3× “Without such disclosure the probate court could not make a rational determination of the reasonableness of such fees pursuant to R.C. 2113.36. The evidence received by the probate referee indicates that no delineation exists between Stark’s role as realtor and attorney on behalf…”

In Re Est. of Kendall, 869 N.E.2d 728 (Ohio Ct. App. 2007). · cites it 4× “*113 {¶ 16} The issue of attorney fees in probate proceedings is addressed in R.C. 2113.36, which states: “When an attorney has been employed in the administration of the estate, reasonable attorney fees paid by the executor or administrator shall be allowed as a part of the…”

In Re Est. of Love, 206 N.E.2d 39 (Ohio Ct. App. 1965). · cites it 4× “Love, deceased, filed application with the Probate Court, under the provisions of Section 2113.36, Revised Code, to have the court fix reasonable attorney fees to be paid as a part of the expenses of administration.”

In Re Est. of Secoy, 484 N.E.2d 160 (Ohio Ct. App. 1984). · cites it 3× “” R.C. 2113.36 permits an executor to employ an attorney in the administration of an estate, and reasonable attorney fees paid by an executor shall be allowed as part of the expense of administration.”

Schiavoni v. Roy, 2012 Ohio 4435 (Ohio Ct. App. 2012). · cites it 2× “Schiavoni for her attorney fees, Section 2113.36 of the Ohio Revised Code provides that, “[i]f an attorney has been employed in the administration of the estate, reasonable attorney fees paid by the executor or administrator shall be allowed as a part of the expenses of…”

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