Last amended July 1, 2026 · Last verified July 1, 2026
In one sentenceRule 73.21 puts probate attorney fees under the court’s control: fees are governed by the lawyer-ethics rule on fees, estate fees wait for the final account unless the court approves earlier payment, no fee is approved automatically, and a contingent fee contract needs the court’s authority first.
(A)Attorney fees in all matters shall be governed by Rule 1.5 of the Ohio Rules of Professional Conduct.
(B)Attorney fees for the administration of estates shall not be paid until the final account is prepared for filing unless otherwise approved by the court upon application and for good cause shown.
(C)Attorney fees may be allowed if there is a written application that sets forth the amount requested and will be awarded only after proper hearing, unless otherwise modified by local rule.
(D)The court may set a hearing on any application for allowance of attorney fees regardless of the fact that the required consents of the beneficiaries have been given.
(E)Except for good cause shown, attorney fees shall not be allowed to attorneys representing fiduciaries who are delinquent in filing the accounts required by section 2109.30 of the Revised Code.
(F)If a hearing is scheduled on an application for the allowance of attorney fees, notice shall be given to all parties affected by the payment of fees, unless otherwise ordered by the court.
(G)An application shall be filed for the allowance of counsel fees for services rendered to a guardian, trustee, or other fiduciary. The application may be filed by the fiduciary or attorney. The application shall set forth a statement of the services rendered and the amount claimed in conformity with division (A) of this rule.
(H)There shall be no minimum or maximum fees that automatically will be approved by the court.
(I)Prior to a fiduciary entering into a contingent fee contract with an attorney for services, an application for authority to enter into the fee contract shall be filed with the court, unless otherwise ordered by local court rule. The contingent fee on the amount obtained shall be subject to approval by the court.
End
Amendment History
Effective Date: July 1, 2026
Plain-English Summary
Division (A) makes Rule 1.5 of the Ohio Rules of Professional Conduct, the ethics rule on lawyers’ fees, the governing standard in every probate matter. Division (H) adds that there are no minimum or maximum fees that the court will approve automatically.
Timing and procedure fill out the rest. Under division (B), fees for administering an estate are not paid until the final account is prepared for filing, unless the court approves earlier payment on application for good cause. Division (C) allows fees on a written application stating the amount requested, awarded only after a proper hearing unless a local rule modifies that. The court may set a hearing even when the beneficiaries have consented, under division (D), and if a hearing is set, division (F) requires notice to all parties affected by the payment, unless the court orders otherwise. Division (G) requires an application for fees for services to a guardian, trustee, or other fiduciary, filed by the fiduciary or the attorney, stating the services rendered and the amount claimed.
Two provisions protect estates. Except for good cause, division (E) bars fees to attorneys representing fiduciaries who are delinquent in filing the accounts R.C. 2109.30 requires. And division (I) requires an application for authority before a fiduciary enters a contingent fee contract with an attorney, unless a local rule provides otherwise, with the contingent fee itself subject to the court’s approval.
Frequently Asked Questions
When can an estate’s lawyer be paid?
Not until the final account is prepared for filing, unless the court approves earlier payment on application and for good cause, under Rule 73.21(B).
Is there a standard percentage fee in probate matters?
No. Rule 73.21(H) says there are no minimum or maximum fees that will be approved automatically; fees are governed by Rule 1.5 of the Ohio Rules of Professional Conduct.
Can a fiduciary sign a contingent fee agreement for a lawsuit on the estate’s behalf?
Only after filing an application for authority to enter into the contract, unless a local rule provides otherwise. The contingent fee on the amount recovered is subject to the court’s approval.
Source & verification. The rule text, Effective Date, Amended dates, and Staff Notes are reproduced verbatim from the
official Ohio Rules of Civil Procedure (Ohio R. Civ. P. 73.21). Prescribed by the Supreme Court of Ohio (Ohio Constitution, Art. IV, § 5(B)). The plain-English summary is original and written by us. Last verified July 1, 2026. ·
Official source
Also known as:probate attorney feescounsel feescontingent fee approval