How Much Does it Cost to Contest a Will?
The average cost of contesting a will is $5000 to $10000. The cost depends on the complexity of the case, the attorney fees, which depend on the attorney’s experience and reputation, the amount of time and effort required, and the court fees and expenses.
The cost of contesting a will depends on whether the person is instituting or defending the challenging of a will. The costs are likely to be higher for a contesting person than for a defending person.
The cost of contesting the will may vary depending on the state and the county probate court where the contest is instituted. Always consult with an attorney prior to commencing a contest claim.
Who Pays Legal Costs When Contesting a Will?
The person contesting the will pays the attorney fees, court costs, and other additional expenses such as appraisal costs, travel expenses, and deposition costs. The person opposing the will contest, if they choose to hire legal counsel, is required to pay attorney costs.
However, at the end of the will contest, when the court makes a ruling, it may order that the party who loses bears all the costs of the suit, including the costs of the other party.
Who Can Contest a Will?
For one to contest a will, they have to have standing. The persons who have standing to contest a will are”
- Those named in the will as beneficiaries or those named in an earlier will.
- Relatives and beneficiaries who could have inherited under the intestacy laws (those in the line of consanguinity).
- Any party who has substantial economic interests in the estate.
How Do Attorneys Charge for Contesting a Will?
Estate planning attorneys who are instructed to defend a will contest claim charge their clients as follows:
- Estate planning attorneys may charge per hour for the time spent conducting research, appearing in court, and drafting court documents and correspondence.
- Contingency fee: This fee is capped at the outcome of the case; the attorney gets a percentage of the award by the court.
- Retainer Fee: Attorneys may require an upfront retainer, an advance payment from which hourly charges are deducted.
- Flat Fee: Some attorneys may offer a flat fee for handling a will contest, especially if the case is straightforward.
- Costs and Expenses: In addition to their legal fees, advocates may charge additional fees for court filing fees, expert witness fees, and other related expenses.
Who Pays Attorney Fees in a Will Contest?
The person challenging the will pays for their attorney fees while instituting a will contest claim. Conversely, the persons defending that the will is valid, for example, the beneficiaries of the deceased’s estate, may hire an attorney to prove that the will is valid and was created and executed legally. Both parties will cater for their legal fees and other incidental costs.
However, if a person files a contest claim and the claim is unsuccessful, the court may order the person to pay the other party’s legal fees and costs.
What Factors Contribute to the Cost of Contesting a Will?
The cost of contesting a will varies depending on various factors, which are enunciated below:
1. Complexity of the case
Complex cases involve intricate legal issues, multiple heirs, and substantial assets that may be in different jurisdictions. Complex estates incur more costs than simple estates.
2. Attorney Fees
Different attorneys charge different fees depending on their location, experience, and reputation. Specialized attorneys charge more, and attorneys in major cities like California charge more.
3. Time involved
The more time taken to work on a matter, such as conducting research, gathering evidence, and preparing for litigation, the higher the fees charged.
4. Court Fees
Some county probate courts charge more filing fees compared to others thus making the cost of contesting a will higher. Additionally, service fees and other court-related expenses can increase the contesting fee.
6. Length of litigation
The longer the litigation process takes, the more expensive the contest is likely to be.
7. Negotiation and Settlement
When a settlement is reached before trial, costs may be lower than a case that goes through the entire litigation process.
How Much Does It Cost to Contest a Will If Others Join Your Contest?
When other persons join the contest, it will cost you less than when you are the only person contesting the will. The co-contesters and you will likely share and apportion the costs amongst yourselves. For example, if the cost of contesting the will is $15,000 and the persons contesting the will are 3, the price shall be divided amongst the three contests, and each person will contribute $5,000.
However, when more people contest the will, the cost of contesting the will may go up.
How Much Does It Cost to Contest a Will If Your Contest Is Complex?
When your will is complex, such that it involves intricate legal issues, multiple parties, and many assets in different jurisdictions, the cost of contesting it is much more. It can cost $5000 more to contest a will that is more complex than a simple contest.
Who Pays the Cost of Contesting a Will If You Are a Beneficiary or Heir?
When you are a beneficiary, the person who contests the will is the person who pays the costs of contesting. The expenses that they may incur include legal fees, court filing fees, and other incidental expenses. When you hire legal counsel to counter the contest, you must pay the legal counsel.
In some cases, if the contesting party is successful, the court may order that the decedent’s estate bears the costs of contesting the will.
Who Pays the Cost of Contesting a Will If You Are an Executor?
The costs of contesting the will are paid by the person who contests the will. They bear the costs of filing the contest, service of the contest, and other court fees and expenses.
The decedent’s estate covers any costs incurred in defending a contest suit. The executor does not pay any costs; instead, they are paid executor fees. Executor fees are payments made to the executor of an estate for their services in managing and settling the estate after the decedent passes away.
When Must the Opposing Party Pay the Cost of Contesting a Will?
The opposing party pays for the cost of contesting a will when they lose against the person contesting the will. The court orders that the person pay the legal fees, court costs, and other incidental costs incurred by the person contesting the will. However, the court’s order is discretionary. Sometimes, the courts may order that each party bear their costs.
In case you have evidence and would like information on how to contest a will, you can check out information on the LegalPen website or consult with one of our lawyers.
How Much Does It Cost to Contest a Will in Florida?
The average cost of contesting a will in Florida is $6000. The total costs encompass attorney fees, court costs, which include filing fees, costs of copying and submitting documents, fees for any required notices and expenses related to obtaining necessary court records, and other additional expenses such as expert witness fees, appraisal costs, and miscellaneous fees.
Before contesting a will in Florida, consult with an attorney on the likelihood of success of your will contest. The success rate of contesting a will in Florida is 2%.
How Much Does It Cost to Contest a Will in California?
It costs an average of $5000 to $ 10,000 to contest a will in California. The cost can be more expensive if you hire an expensive attorney and if your matter takes too long to settle in court. Therefore, before hiring an attorney, request a quote of their fees to ensure you can afford their payments.
How Much Does It Cost to Contest a Will in New York?
It costs an average of $ 10,000 to contest a will in New York—most estate planning attorneys in New York charge $500 to $700 per hour. In exceptional circumstances, estate planning attorneys will accept your case on contingency fees. Usually, the contingency fee is 30% of the award or settlement by the court.
How Much Does It Cost to Contest a Will in Virginia?
The average cost of contesting a will in Virginia is $3000 to $8000. The cost of contesting will depend on the case’s complexity, the experience and reputation of the attorney, the amount of time and effort required, and the court fees and expenses. Before initiating a will contest, inquire about the estimates of the costs to know how much it will cost you.
Who Pays to Contest a Will in Texas?
The party who wishes to contest a will in Texas pays for the costs of contesting a will. These costs include but are not limited to, hiring an attorney, court filing fees, and the costs of serving documents to other beneficiaries and interested parties in the decedent’s estate. The total costs vary depending on the attorney fees charged.
Meet the Author
Annie L – Distinguished linguist at LegalPen
Annie is a distinguished linguist at LegalPen, bringing a unique blend of legal expertise and linguistic precision to her work. She earned her Juris Doctor degree from Yale University in New Haven, Connecticut, attending on a prestigious Law Faculty Merit Scholarship. At Yale, Annie showcased her exceptional skills by serving as an editor on the Yale Law Review.
Upon graduating, Annie gained invaluable experience through a two-year appellate clerkship at a renowned law firm in Connecticut. During her time in law school, she honed her research and writing abilities as a research assistant and writer for various legal firms. Annie’s deep understanding of legal language and her attention to detail make her an invaluable asset to LegalPen.