Attorney fees are governed by the Rules of Professional Conduct and the Rules of Superintendence adopted by the Supreme Court of Ohio. The Court has the ultimate responsibility and authority to review attorney fees in decedent's estates as required by such rules.

Counsel shall enter into a dated written fee agreement with the fiduciary no later than 30 days after the Inventory & Appraisal is approved by the Court. The fee agreement shall contain an estimate of the total fee for the ordinary administration of the decedent's probate estate. A copy of the fee agreement shall be provided to any residuary beneficiary of the probate estate upon request.

Attorney Fees for the administration of a decedent's probate estate shall be paid at the time the fiduciary’s final account or certificate of termination is prepared for filing with the Court, and such fees shall not be paid prior to two weeks before the filing of the fiduciary's final account or certificate of termination.

The Court may, upon application and for good cause shown, approve an Application for Partial Payment of Attorney Fees without a hearing prior to the time the fiduciary's final account is filed with the Court. In all such cases, the application must state the total amount of the attorney fees and any anticipated extraordinary fees estimated to be requested for the complete administration of the decedent’s probate estate. Ordinarily, partial attorney fee requests should not exceed 50% of the total amount of the attorney fees estimated to be requested for the complete administration of the decedent's probate estate.

When multiple attorneys have been retained by the fiduciary or fiduciaries for the probate estate, or when it is anticipated that attorney fees will be paid to more than one attorney or law firm, all fee requests shall be considered by the Court simultaneously.

If counsel requests a fee within the guideline set forth below and the amount is $3,500.00 or less, an Application to Approve Attorney Fees (Form 10.5) signed by the attorney and fiduciary shall be filed, and the consents of residuary beneficiaries or other parties affected by the payment of the fee shall not be required and the fiduciary may pay such fees to counsel.

If counsel requests a fee within the guideline set forth below and the amount exceeds $3,500.00, an Application to Approve Attorney Fees shall be filed (Form 10.5). If the fiduciary and all residuary beneficiaries and other parties affected by the payment of the fee consent in writing on Form 10.5, such application will be approved and the fiduciary may pay such fees to counsel.

If counsel requests a fee within the guideline set forth below and the amount exceeds $3,500.00, but all of the residuary beneficiaries of the probate estate and all other parties affected by the payment of said fees have not consented in writing to the payment of such fee, an Application to Approve Attorney Fees (Form 10.5) signed by the fiduciary or attorney and supported by the attorney's time records shall be filed with the Court. It is within the discretion of the Court whether such application will be formally set for hearing. If a hearing is set, notice of the hearing shall be given to all residuary beneficiaries of the probate estate and all other parties affected by the payment of said fees.

If counsel requests a fee that is not within the guideline set forth below, an Application to Approve Attorney Fees, (Form 10.5), signed by the attorney and fiduciary and supported by the attorney’s time records for all services, including time for services both within and outside of the guideline shall be filed with the Court. If all of the residuary beneficiaries of the probate estate and all other parties affected by the payment of said fees have consented in writing to the payment of such fee, the application may be approved or set for hearing at the Court’s discretion. If all of the residuary beneficiaries of the probate estate and all other parties affected by the payment of said fees have not consented in writing to the payment of such fee, the application shall be set for a hearing. Notice of the hearing shall be sent to all interested parties and their counsel.

Attorney fees for the administration of an Ohio resident decedent's probate estate as set forth below may serve as a guide in determining fees to be charged to the probate estate for legal services of an ordinary nature rendered as attorney for the fiduciary in the administration of an Ohio resident decedent's probate estate. The Court does not have, nor is there recognized, any minimum or maximum fees that will automatically be approved by the Court. Misrepresentation of this guideline may result in sanctions, including the disapproval of or partial or total disgorging of attorney fees.

Attorney fees calculated under this guideline, which are also deemed to be compensation for any expenses incurred by counsel for the filing of forms and pleadings, shall be rebuttably presumed to be reasonable:

• • A. On all personal property, gross sale price of real estate, and income subject to administration, as follows:
    • For the first $50,000.00 at a rate of 5.5%;
    • All above $50,000.00 and not exceeding $100,000.00 at the rate of 4.5%;
    • All above $100,000.00 and not exceeding $400,000.00 at the rate of 3.5%;
    • All above $400,000.00 at the rate of 2.0%.
  • B. On all real property subject to administration not sold and passing to a surviving spouse at the rate of 1%.
  • C. On all other real property subject to administration not sold:
    • For the first $200,000.00 at a rate of 2.0%;
    • All above $200,000.00 at a rate of 1.0%.
  • D. All other property, which is includable on an estate tax return or that passes outside of probate as a result of the decedent’s death, excluding life insurance which is not payable to the estate, at the rate of 1% of all such property, except for joint and survivorship property that passes to a surviving spouse which shall be compensated at the rate of ½ of 1%.
  • E. For real estate sold by judicial proceedings, the attorney fees shall be calculated in accordance with Local Rule 65.1 and may be in addition to the amount calculated under the paragraph above.

Where the fiduciary is also the attorney for the estate, or if the attorney for the estate is associated with the fiduciary's law firm on the date the fiduciary is appointed, reasonable attorney fees shall be rebuttably presumed to be one-half of the guideline amount as set forth above. This paragraph shall not apply if the fiduciary fee is waived.

Attorney fees for services rendered in an estate relieved from administration that are within the guidelines set forth above for full estate administration shall be approved up to $2,000.00 with the consent of the applicant; provided, however, that an attorney fee of $1,500.00 or less which is listed as a debt on Form 5.1 will be deemed approved upon the filing of Form 5.6. Fee requests that exceed $2,000.00, but are within the guidelines set forth above for full administration, shall be made by a written application signed by the attorney and applicant and supported by the attorney’s time records. Whether or not all parties affected by the payment of fees in excess of $2,000.00 have consented in writing thereto, the application may be approved or set for hearing at the Court’s discretion.

An attorney fee of $500.00 or less shall be deemed approved upon the filing of an Application for Summary Release from Administration signed by the attorney and the applicant.

Except for good cause shown, attorney fees shall not be allowed to attorneys representing fiduciaries who are delinquent in filing the accounts required by RC Section 2109.30, et seq.