At Katzner Law Group, one of the most frequently asked questions from clients considering challenging a will is: “Who pays the legal fees if I contest the will?” The answer depends on many factors, including the merits of the case, the court’s discretion, and the specific circumstances of the estate.

Contesting a will can be emotionally and financially taxing. Before beginning the process, it’s crucial to understand not only your legal rights but also who may be responsible for paying attorney’s fees and other court costs.

What Does It Mean to Contest a Will?

A will contest is a formal legal challenge questioning the validity of a deceased person’s will. This often occurs when family members or heirs believe the will:

• Doesn’t reflect the true intentions of the decedent
• Was executed under duress, undue influence, or fraud
• Was signed by someone lacking mental capacity
• Was improperly witnessed or signed

Contests are typically filed in New York Surrogate’s Court, which handles probate and estate matters. A will contest must be backed by solid legal grounds and evidence—emotion or suspicion alone won’t suffice.

Who Pays Legal Costs When Contesting a Will?

The General Rule: Each Side Pays Their Own Costs

New York follows the “American Rule,” where each party in litigation is generally responsible for their own legal costs, regardless of who wins.

So, if you’re a child or sibling of the deceased and decide to challenge the will, you’re usually expected to pay your own attorney out of pocket—unless one of the exceptions applies.

Common Scenarios: When the Estate Covers Legal Fees

There are several situations in which the estate may bear the legal fees of those involved in the will contest:

1. Executor’s Fees

The executor, who has a duty to defend the will, is typically reimbursed for legal expenses from the estate—as long as they act in good faith and not negligently or fraudulently.

2. Legal Action That Benefits the Estate

If your will contest helps uncover wrongdoing or prevents assets from being distributed under a fraudulent or invalid will, the court may order the estate to reimburse your legal costs.

For example:

• A contestant successfully proves that the will was forged.
• The court reinstates a prior, valid will that benefits more heirs.
• The contest prevents someone from receiving an inheritance through undue influence.

In these cases, your actions are considered to have protected the estate’s integrity.

3. Court Orders Based on Fairness

Surrogate’s Court judges have wide discretion in these matters. In some cases, they may order the estate to pay the objecting party’s legal fees, especially if your challenge was based on probable cause and brought in good faith.

The New York State Courts website (nycourts.gov) provides resources on how Surrogate’s Court evaluates these cases.

When Individual Parties Must Pay Their Own Legal Costs

While some legal costs can be paid by the estate, many contestants will have to fund their case independently. You will likely pay your own legal costs if:

• Your challenge is unsuccessful
• The will is upheld in its current form
• Your objections are deemed speculative or without basis
• You’re not an heir under a prior will or under intestacy law
• The will contains a no-contest clause (and your actions violate it)

Some wills include a no-contest clause, also known as an in terrorem clause, which states that anyone who contests the will forfeits their inheritance. These clauses are generally enforceable in New York, though the court may allow challenges if they’re based on clear probable cause.

Sample Legal Cost Breakdown in a Will Contest

Here’s an example of how the costs might play out in a basic New York will contest:

These numbers illustrate how quickly expenses can grow—particularly in cases involving medical records, multiple beneficiaries, or aggressive litigation.

Flat Fees for Estate Planning (For Reference)

By contrast, simple estate planning is often far more affordable. It’s very common for attorneys to charge a flat fee to draft a basic will or trust. Fees typically range from:

• $4,500 for a Will based estate plan for a single person / $6,000 if married and both members of the couple are putting in place their Will based estate plan
• $6,500 for a Revocable Living Trust based estate plan for a single person / $9,000 if married and both members of the couple are putting in place their Revocable Living Trust based estate plan (without estate tax planning needs)
• $10,000+ for a Revocable Living Trust based estate plan for those with estate tax planning needs

Lawyers prefer flat fees for these tasks because they provide clarity for clients and efficiency in service delivery.

Tips for Minimizing Legal Costs During a Will Contest

Contesting a will doesn’t have to break the bank. Here are some tips to help manage legal expenses:

1. Get a Case Assessment First
   Hire an attorney for a fixed-fee consultation to assess the strength of your case before committing.
2. Explore Mediation or Settlement
   Many will contests are settled outside of court. If you’re open to negotiation, you might resolve the dispute faster—and cheaper—than going to trial.
3. Use Discovery Strategically
   Your attorney can guide you on gathering key documents and witness statements early, which may reduce the need for prolonged litigation.
4. Share Costs Among Interested Parties
   If multiple siblings or family members plan to contest the will, you can share the legal burden with joint representation.

Settlement as a Smart Strategy

In many cases, even strong will contests never make it to trial. That’s because:

• Going to court is expensive and time-consuming.
• Settling allows all parties to control the outcome.
• It avoids airing family disputes publicly.

A skilled attorney can help you negotiate a family settlement agreement, allowing for revised distributions, inheritance adjustments, or asset reallocation—without invalidating the entire will.

Real-World Case Example

Case: A daughter believes her elderly father was pressured by a caretaker to change his will, cutting out the family.

Outcome: She hires an attorney, contests the will based on undue influence, and after the discovery process reveals suspicious bank transfers and medical reports, the parties agree to a settlement. The estate agrees to a modified distribution.

Cost: She pays $25,000 in legal fees but receives an inheritance worth $150,000—an outcome that would not have occurred without legal action.

How Katzner Law Group Can Help

At Katzner Law Group, we help clients navigate will contests, probate litigation, and estate planning in New York. Whether you’re defending a will or questioning its validity, we can advise you on your rights and responsibilities—and help you understand what legal costs to expect.

We provide:

• Thorough case evaluations
• Transparent fee structures
• Mediation and litigation services
• Defense against frivolous contests
• Strategic trust and estate planning

Talk to an Estate Litigation Attorney Today

If you’re considering contesting a will or defending against a challenge, don’t go it alone. Legal costs can add up quickly—but with the right plan, you can protect your interests and make informed decisions about how to proceed.

Call Katzner Law Group at 855-528-9637 or schedule your consultation here

Let us help you protect what matters—your family, your legacy, and your financial peace of mind.