Duty one: protect the house from the day you’re appointed
An executor’s first job with a house is to keep it from losing value. A vacant house in Northeast Ohio can lose a lot of value in one winter: frozen pipes, a roof leak nobody sees, or a break-in. Once appointed, the executor should:
- change or secure the locks and keep a list of who has keys;
- call the homeowner’s insurer, report the death and ask whether a vacancy clause applies (see the vacant house insurance guide);
- keep heat on or have the plumbing drained (see winterizing a vacant house);
- forward mail, keep the lawn cut and check the house regularly;
- keep the mortgage, property taxes and utilities paid from estate funds.
These are expenses of administration. Keep every receipt, because they go into the account.
Duty two: put the house on the inventory at a defensible value
R.C. 2115.02 requires the executor to file an inventory within 3 months of appointment, listing the decedent’s Ohio real estate valued as of the date of death. Medina County’s Local Rule 78.4 adds that the inventory must give each property’s address, legal description and parcel number, and that no sale may take place before the inventory is filed.
The value matters twice. It is the floor for a consent sale, because R.C. 2127.011 requires at least 80% of the appraised value in the approved inventory. It is also often the heirs’ tax basis. Using the auditor’s tax value is cheaper, but if it is far above or below the market, a real appraisal can save trouble later.
Duty three: honor the surviving spouse’s rights
A surviving spouse has rights in the house that come before a sale. Ohio’s Chapter 2106 gives a spouse:
- One year in the house. Under R.C. 2106.15, the spouse may remain in the mansion house free of charge for one year. The house may still be sold within that year to pay the decedent’s debts, and the spouse is then compensated for the fair rental value of the time left.
- A right to buy. Under R.C. 2106.16, if the house wasn’t specifically left to someone in the will, the spouse can buy it and the household goods at the appraised value. County forms, such as Lake County’s summary of spousal rights, say the application must be filed within one month of the inventory’s approval.
- A deadline to decide. R.C. 2106.25 generally gives the spouse five months from the first appointment to exercise Chapter 2106 rights, with extensions for good cause.
An executor who lists the house before these windows close can end up with a contract the spouse can override. Our page on selling after a spouse dies covers the spouse’s side.
Duty four: sell for a fair price, by an authorized route
The executor must use a sale method the law allows, and get a price that holds up if a beneficiary later objects:
- Under the will’s power of sale, if it has one.
- With written consents from the spouse and every beneficiary under R.C. 2127.011, at 80% or more of the inventory value, with no minor beneficiaries.
- Through a land sale complaint under Chapter 2127 when neither works.
The probate sale guide explains each route. Whatever the route, document how the price was set: an appraisal, broker opinions or competing offers. An as-is cash sale can be a sound choice for a house that needs major work or is costing the estate money each month, but the executor should be able to explain why it beat listing. If the house is move-in ready and there is time, listing will often bring more, and beneficiaries can fairly ask about that.
Avoid conflicts. R.C. 2127.011 lets a surviving spouse who is also the executor buy the house under that section, but for any other personal or family purchase, get legal advice and full disclosure to beneficiaries first.
Duty five: pay debts in order before distributing
Sale proceeds go into the estate account, not to heirs. Creditors have 6 months from the date of death to present claims under R.C. 2117.06, and most executors hold back distributions until that period ends. The mortgage and any other liens are paid at closing. Funeral costs, administration costs, taxes and valid claims are paid before the heirs receive anything.
If the house is the only significant asset and debts are large, the sale may be what pays them. A Medicaid estate recovery claim, if there is one, must also be addressed.
Duty six: account for the sale to the court
Every dollar from the house has to show up in the estate’s account. Local courts spell out what they expect:
- Portage County Local Rule 64.2(B): if real estate was sold, attach the settlement statement to the account.
- Medina County Local Rule 64.1: any account showing a real estate sale must attach the closing statement, and every account is set for hearing.
The executor’s own fee is figured under R.C. 2113.35. Summit County’s Form ES.8 lays out the schedule:
| Base | Fee |
|---|---|
| First $100,000 of personal property, income and proceeds of real estate sold in the estate | 4% |
| $100,001 to $400,000 | 3% |
| Above $400,000 | 2% |
| Real estate not sold in the estate | 1% |
Extraordinary fees need itemized time records and usually a hearing. An Ohio probate attorney can review the account before you file it. If the estate needs to sell a house in poor condition on a set date, our probate house sale page explains how that sale works.
