Rule 73.22.Executor’s and Administrator’s Commissions
Last amended July 1, 2026 · Last verified July 1, 2026
In one sentenceRule 73.22 adjusts executor and administrator commissions: extra pay for extraordinary services needs an itemized application, delinquency or unfaithful service can reduce or deny the commission, co-fiduciaries share one commission, and work billed by counsel comes out of the commission.
(A)Additional compensation for extraordinary services may be allowed upon an application setting forth an itemized statement of the services rendered and the amount of compensation requested. The court may require the application to be set for hearing with notice given to interested persons in accordance with Civil Rule 73(E).
(B)The court may deny or reduce commissions if there is a delinquency in the filing of an inventory or an account, or if, after hearing, the court finds that the executor or administrator has not faithfully discharged the duties of the office.
(C)The commissions of co-executors or co-administrators in the aggregate shall not exceed the commissions that would have been allowed to one executor or administrator acting alone, except where the instrument under which the co-executors serve provides otherwise.
(D)Where counsel fees have been awarded for services to the estate that normally would have been performed by the executor or administrator, the executor or administrator commission, except for good cause shown, shall be reduced by the amount awarded to counsel for those services.
End
Amendment History
Effective Date: July 1, 2026
Plain-English Summary
The rule does not set the base commission; it adjusts it. Division (A) allows additional compensation for extraordinary services on an application that itemizes the services rendered and states the amount requested. The court may set the application for hearing with notice to interested persons under Rule 73(E).
Division (B) lets the court deny or reduce commissions when the inventory or an account is filed late, or when, after a hearing, the court finds the executor or administrator has not faithfully discharged the duties of the office. Division (C) caps co-executors or co-administrators at the commission one fiduciary acting alone would have received, unless the governing instrument provides otherwise. Division (D) prevents double payment: when counsel fees are awarded for work the executor or administrator would normally have done, the commission is reduced by the amount awarded to counsel for that work, unless there is good cause.
Frequently Asked Questions
Do two co-executors each receive a full commission?
No. Rule 73.22(C) caps their combined commissions at what one executor or administrator acting alone would have received, unless the will or other instrument provides otherwise.
Can the court cut an executor’s commission for late filings?
Yes. Rule 73.22(B) lets the court deny or reduce commissions when the inventory or an account is delinquent, or when the executor has not faithfully discharged the duties of the office.
How does an executor ask for extra pay for extraordinary work?
By application with an itemized statement of the services and the amount requested. The court may set it for hearing with notice under Rule 73(E).
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. 73.22). 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:executor commissionadministrator feesfiduciary compensation