Trusts, wills and family money
How much does it cost to contest a trust or will in California, and who pays?
Based on an interview with Josué Cristóbal Guerrero, Founding Partner, recorded .
The short answer
You pay, at least at first. It is litigation. Whether someone has to reimburse you if you win is a different question, and it depends on an attorney fee clause in the trust or will, or on a statute such as the one for financial elder abuse.
Who pays? You pay. That's always the answer.
Who ends up reimbursing you
Many trusts say that whoever wins a dispute gets their fees paid. Where that applies, who actually pays depends on the claim and on who you are suing. It can be the trust estate itself. It can be other beneficiaries, in effect, if the change you win takes money out of their share. Usually it is the bad actor: the person who unduly influenced the document or violated the trust.
Without such a clause, no statute automatically awards fees for most of these claims. Financial elder abuse is the main exception, because there the abuser pays the fees.
What we charge
We usually charge a flat fee for litigation. Most litigation matters cost about $5,000 to get started, with a monthly amount after that based on the size and complexity of the matter. Costs such as expert witnesses and filing fees can be extra.
- Welfare and Institutions Code section 15657.5. Attorney's fees and costs where financial abuse is proven.
This answer is general information about California law and is not legal advice for any specific situation. Deadlines and exceptions turn on your facts. Code sections were checked against California Legislative Information on November 4, 2026.
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In our offices
Tell us about the trust or estate.
Call our intake team. If your matter fits, we schedule a free 30-minute consultation with an attorney. Document review starts after you retain us.
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