Rule 73.23.Guardian’s Compensation

Last amended July 1, 2026 · Last verified July 1, 2026

In one sentenceRule 73.23 leaves a guardian’s basic compensation to local rule, requires guardians to itemize expenses and charge no more than the court approves, routes extra pay through an itemized application, caps co-guardians at one guardian’s compensation, and lets the court reduce pay for delinquency or unfaithful service.

Full Text of Rule 73.23

Text sizeJump to: (A) (B) (C) (D) (E)

(A) Setting of compensation

Guardian’s compensation shall be set by local rule.

(B) Itemization of expenses

A guardian shall itemize all expenses relative to the guardianship of the ward and shall not charge fees or costs in excess of those approved by the probate division of a court of common pleas.

Additional compensation for extraordinary services, reimbursement for expenses incurred and compensation of a guardian of a person only may be allowed upon an application setting forth an itemized statement of the services rendered and expenses incurred and the amount for which compensation is applied. The probate division of a court of common pleas may require the application to be set for hearing with notice given to interested persons in accordance with Civ.R. 73(E).

(D) Co-guardians

The compensation of co-guardians in the aggregate shall not exceed the compensation that would have been allowed to one guardian acting alone.

(E) Denial or reduction of compensation

The probate division of a court of common pleas may deny or reduce compensation if there is a delinquency in the filing of an inventory or account, or after hearing, the court finds the guardian has not faithfully discharged the duties of the office.

End

Amendment History

Effective Date: July 1, 2026

Plain-English Summary

Division (A) sets guardian’s compensation by local rule, so the figure varies by county. Division (B) requires a guardian to itemize all expenses of the guardianship and forbids fees or costs beyond what the probate court has approved.

Division (C) handles anything beyond the base: additional compensation for extraordinary services, reimbursement of expenses, and compensation for a guardian of the person only. Each requires an application itemizing the services rendered, the expenses incurred, and the amount sought, and the court may set it for hearing with notice under Rule 73(E). Division (D) caps co-guardians at what one guardian acting alone would have received, and division (E) lets the court deny or reduce compensation for a delinquent inventory or account, or when, after a hearing, it finds the guardian has not faithfully discharged the duties of the office.

Frequently Asked Questions

How is a guardian’s compensation set?

By local rule, under Rule 73.23(A). Additional compensation for extraordinary services requires an itemized application.

Can a guardian of the person only be paid?

Yes, on an application setting out an itemized statement of the services rendered, the expenses incurred, and the amount requested, under Rule 73.23(C).

Can the court reduce a guardian’s pay?

Yes, for a delinquent inventory or account, or if after a hearing it finds the guardian has not faithfully discharged the duties of the office.

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. 73.23). 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: guardian compensationguardian fees