Can’t Afford a Probate or Trust Attorney in California?

Table of Contents

What Is a Contingency Fee in Probate Litigation?

California Probate and Trust Disputes: Contingency Fee Overview

1. What Is a Contingency Fee Agreement in California?
2. When Contingency Fees Apply in Trust and Probate Matters
3. When Contingency Fees Are Not Permitted Under California Law
4. California Legal Requirements for Contingency Agreements
5. How to Know if Your Case Qualifies for Contingency
6. The Grossman Law Firm’s Approach to Fee Agreements
7. FAQ
8. Next Steps for Trust and Probate Disputes

What Is a Contingency Fee in Probate Litigation?

Many Californians find themselves involved in probate or trust disputes, but hesitate to take legal action because they believe they can’t afford a probate or trust attorney in California.  At The Grossman Law Firm, APC, we understand how difficult probate and trust litigation can be. That’s why we offer a solution that allows qualified clients to pursue legal claims without paying attorney fees upfront.

In certain contested probate and trust matters, California law permits attorneys to work on a contingency fee basis. This means you pay nothing unless we successfully recover money or property on your behalf. These agreements are not appropriate in every situation, but when applicable, they allow clients to move forward with confidence and without immediate financial strain.

This guide explains how contingency fee arrangements work in California probate and trust litigation, who may qualify, and how The Grossman Law Firm evaluates these cases.

California Probate and Trust Disputes: Contingency Fee Overview

Not all probate or trust matters qualify for contingency fee representation. Under California law, there is a clear distinction between routine probate or trust administration and litigated disputes involving a decedent’s estate or trust. This distinction is important because it determines how attorney fees are structured and whether a contingency fee is legally and ethically appropriate. If you think you can’t afford a probate or trust attorney in California, this article is for you. 

1. What Is a Contingency Fee Agreement in California?

Under California Business and Professions Code § 6147, attorneys and clients may agree to a contingency fee in civil matters, including certain trust and estate disputes.

Key features of a contingency fee agreement include:

• No upfront attorney fees are required.
• An attorney is paid only if there is a recovery.
• The fee is a pre-agreed percentage of the recovery.
• The agreement must be in writing, signed by both parties, and include specific disclosures.

At The Grossman Law Firm, these types of fee arrangements give our clients access to legal representation even if they cannot afford to pay hourly legal rates.

2. When Contingency Fees Apply in Trust and Probate Matters

Contingency fee agreements are permitted in California trust and probate litigation, particularly when a beneficiary or heir seeks to recover assets or enforce their rights.

Common qualifying cases at The Grossman Law Firm include:

• Breach of fiduciary duty by a trustee or executor
• Disputes over mismanagement, concealment, or wrongful distribution of estate assets
• Attempts to remove or surcharge a fiduciary
• Will or trust contests involving allegations of undue influence or lack of capacity
• Recovery of property transferred improperly before or after death

In these scenarios, legal work is extensive, and the outcome directly affects the client’s potential recovery, making a contingency fee appropriate.

3. When Contingency Fees Are Not Permitted Under California Law

At The Grossman Law Firm, not all matters qualify for contingency arrangements. In many probate cases, attorney fees are paid according to a statutory schedule outlined in California Probate Code §§ 10810–10814.

These include:

• Probate administration (e.g., filing petitions, assisting personal representatives)
• Non-contentious trust administration
• Legal services involving no anticipated financial recovery

In these matters, the court typically approves and authorizes attorney fees, which are paid from the estate rather than by the individual.

4. California Legal Requirements for Contingency Agreements

To be valid under California law, a contingency fee agreement must comply with Business and Professions Code § 6147. 

Additionally, California attorneys must clearly explain whether costs (such as court fees or expert witnesses) will be advanced by the firm and, if so, whether they must be reimbursed if the case is not successful.

5. How to Know if Your Case Qualifies for Contingency

Not every probate or trust dispute meets the criteria for contingency representation. At The Grossman Law Firm, we evaluate each case based on:

• The legal strength of the claim
• The likelihood of recovery
• The estimated costs of litigation
• The complexity of the dispute

If your matter involves a trustee refusing to account, suspicion of fraud, or disputes over property distribution, it may qualify for contingency. During an initial consultation, we can determine whether this fee arrangement is suitable for your situation.

Not every dispute qualifies for contingency representation. At The Grossman Law Firm, we assess whether the legal claims are supported by evidence, the potential recovery is meaningful, and the litigation costs are proportionate to the value at stake. Cases involving misconduct, fraud, or refusal to account may often meet these criteria.

6. The Grossman Law Firm’s Approach to Fee Agreements

At The Grossman Law Firm, APC, we handle contested trust and probate matters throughout California. When appropriate, we offer contingency fee representation to qualified clients.

TGLF specializes in trust & probate litigation. With over two decades of experience, our team provides focused, litigation-driven advocacy for heirs, beneficiaries, and excluded family members.

Clients rely on us to navigate complex disputes without adding financial strain. If your case qualifies, you won’t pay legal fees unless we achieve a successful outcome.

7. FAQ 

Who pays the contingency fee if we win?
The fee comes out of the money or property recovered—usually from the estate, trust, or opposing party—not your personal funds.

Can I hire a lawyer on contingency if I’m suing the trustee or executor?
Yes. If you’re a beneficiary and believe the person in charge mishandled things, a lawyer can represent you without upfront cost.

What if the case takes a long time?
With a contingency agreement, you only pay if and when there’s a recovery, no matter how long the case takes.

8. Next Steps for Trust and Probate Disputes

If you believe you have a dispute involving a trust, will, or estate but aren’t sure whether you can afford legal help, we encourage you to contact The Grossman Law Firm. Learn about the process from beginning to end in our Trust Litigation: A Comprehensive Guide and Probate Litigation: A Comprehensive Guide. 

TGLF offers a complimentary 30-minute consultation to assess your situation and provide a clear, honest evaluation of your legal options. Call us at (888) 443-6590 or fill out our Get Help Now Form on our website. Our Intake Specialists will review your case at no cost, and qualifying matters will be scheduled for a free phone consultation with Attorney Scott Grossman.