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OH · rules

Ohio Civ.R. 73.21

Counsel Fees

activein force · 2026-07-01 – presentact-effective-date

(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.

History

Effective Date: July 1, 2026

Provenance

Source
supremecourt.ohio.gov
Retrieved
2026-09-14
Edition
2026-09-14
Content hash
ec0514d79a735c9a650b79a7139f96cb7e87d5d624fdb82e3e4a13b34b8f3ff8
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