What it costs to contest a will
The published fee ranges, the two ways lawyers charge for this work, and how to think about whether a claim is worth bringing.
Contesting a will costs thousands of dollars. Published figures put lawyer fees at $5,000 to $10,000 at a minimum, and it is very possible for a lawyer's services to cost $10,000 or more for a will contest.
Those are fees for the challenge itself. What actually determines the number is how far the matter goes: most contested estates settle, and the ones that reach a full trial cost multiples of the ones that resolve early.
Source: Policygenius, How Much Does It Cost to Contest a Will
The two fee structures
Under a contingency arrangement you may end up paying one-third or more of the inheritance you are awarded. That is the trade for not funding the litigation yourself and for the lawyer carrying the risk of losing.
| Structure | How it works | When it tends to be offered |
|---|---|---|
| Hourly with a retainer | You pay for time as the matter proceeds, against an up-front retainer | The default arrangement, available in most matters regardless of size |
| Contingency | The lawyer takes a percentage of what is recovered and is paid nothing if you recover nothing | Selective. Offered where the amount at stake is substantial and the facts are strong |
Source: Policygenius, How Much Does It Cost to Contest a Will
Which structure suits which situation
- Hourly suits a matter you expect to resolve quickly, one where the amount at stake is modest relative to fees, and any case where you want to control strategy rather than share the outcome.
- Contingency suits a large claim you could not otherwise fund, and it is the only realistic route for many beneficiaries who have been cut out of an estate and therefore have no money to fight with.
- Contingency is not always available. Lawyers take these cases selectively, weighing both the size of the potential recovery and the strength of the facts, so being refused a contingency arrangement is itself information about the case.
Source: Policygenius, How Much Does It Cost to Contest a Will
Costs beyond the lawyer
- Court filing fees, which are usually modest relative to the legal fees.
- Expert evidence, which in capacity disputes commonly means a medical expert and is frequently the largest non-legal cost.
- Depositions and transcripts.
- Valuations, where the dispute concerns what assets are worth rather than who receives them.
- Your own time, which people consistently underestimate. Contested estates run for months and often longer.
The question worth asking first
Before the merits, work out what is actually at stake and what proportion of it the fight will consume. A claim over a share of an estate can be entirely valid and still not be worth bringing if fees would take most of the difference.
A probate litigator will do this arithmetic with you in a first consultation, and it is a reasonable thing to ask them to do explicitly rather than leaving it implied.
This page is general information, not legal advice, and it does not tell you whether your own claim is worth bringing. Fee structures, availability and costs differ by state and by firm.