Table of Contents
Key Takeaways
What Is a Contingency Fee in Probate Litigation?
When Contingency Fees Apply in Probate and Trust Cases
When Contingency Fees Don’t Apply
How to Know if You Qualify
Related Resources
FAQ
How The Grossman Law Firm Can Help
Key Takeaways
- You may not need to pay legal fees upfront to take action in a probate or trust dispute.
- California allows contingency fee arrangements in certain contested probate and trust cases.
- At The Grossman Law Firm, you pay nothing unless we recover money or property for you.
What Is a Contingency Fee in Probate Litigation?
Many Californians hesitate to fight for their inheritance because they think they can’t afford a lawyer. At The Grossman Law Firm, APC, we handle qualifying probate and trust litigation cases on a contingency fee basis.
That means you pay no upfront fees. Our firm covers the costs of litigation, and we only get paid if we recover assets or money on your behalf. It’s a way for beneficiaries and heirs to pursue justice without financial risk.
When Contingency Fees Apply in Probate and Trust Cases
California law allows contingency fees when the dispute involves recovering assets or enforcing your rights under the Probate Code.
Common examples include:
- A trustee or executor mishandling funds or property
- A trustee refusing to account or distribute assets
- Fraud, concealment, or undue influence in the creation or management of a trust or will
If your case involves wrongdoing or lost inheritance, contingency representation may let you move forward immediately—with no hourly billing or retainer.
When Contingency Fees Don’t Apply
Some probate matters don’t qualify for contingency fees. For example:
- Routine probate administration (opening probate, filing forms, distributing assets)
- Non-contentious trust administration
- Cases where there’s no financial recovery at stake
In these situations, attorney fees are usually paid from the estate based on a statutory schedule under California Probate Code §§10810–10814.
How to Know if You Qualify
Each case is unique. At The Grossman Law Firm, we review:
- Whether there’s clear misconduct or loss to the estate or trust
- The strength of your claim
- The likelihood of recovery
If you suspect a trustee or executor is hiding information, refusing to account, or misusing property, your case may qualify. During your free consultation, we’ll tell you quickly whether contingency representation makes sense.
You’ll know exactly what to expect—and you’ll only pay if we win.
Related Resources
- Tips for Determining the Damages for a Breach of Fiduciary Duties
- How to Get Your Trustee to Distribute Your Inheritance
- Eight Steps to Take if You Are Questioning a Probate Accounting
- Overview of the California Probate Process
- Overview of California Trust Litigation
- Overview of California Probate Litigation
FAQ
Do I owe anything upfront?
No. You pay only if there’s a successful recovery.
Who pays the contingency fee?
The fee comes out of the recovery—usually from the trust, estate, or opposing party—not your pocket.
Can I sue a trustee or executor on contingency?
Yes. If you’re a beneficiary or heir, you can take legal action even if you can’t afford to pay hourly.
How The Grossman Law Firm Can Help
At The Grossman Law Firm, APC, we help heirs and beneficiaries throughout California enforce their rights in probate and trust litigation. If you can’t afford a lawyer, don’t assume you have no options—your case might qualify for contingency representation.
Call (888) 443-6590 or fill out our Get Help Now form.
Our Intake Specialists will review your situation at no cost. Qualifying cases will be scheduled for a Free Phone Consultation with Attorney Scott Grossman.