Many people involved in probate litigation, a trust lawsuit, or guardianship litigation do not have the means to pay for their case out of their own funds. Litigation is expensive. Some probate lawsuits might involve multiple parties all suing each other, sometimes in multiple lawsuits, and sometimes in multiple courts. Depending on the type of litigation, there could be significant out of pocket costs, such as expert witness fees, court reporter fees, and travel to jurisdictions outside Florida for taking evidence.
Here are some alternative fee arrangements and contingency fee arrangements that probate lawyers in Florida might consider.
- Will Contest with a Contingency Probate Lawyer. If you have been excluded from a will and wish to challenge the will, a lawyer might take your case on a contingency basis, meaning that you only pay our fee if you win or settle the case. If your case looks really strong, the lawyer might also advance the costs of the case (expert witness fees, court costs, etc.) so that you will have no out of pocket cost unless you win or settle the case.
- Will Contest – Pay at End. Some wills have been improperly altered where they reduce the client’s share of the estate, say from one-third of the estate down to a much lower specific bequest of $100,000. In such cases, the probate attorney might be willing to allow you to pay on an hourly basis, but at the end of the case, out of the specific bequest to which you would be entitled whether you win or lose your will contest.
- Guardianship Litigation. Guardianship litigation can be expensive— and be expensive quickly, given the fast-paced nature of guardianship lawsuits. In many cases, the guardianship attorney can be paid out of a client’s future inheritance so as to allow the client to pursue justice. In some situations, especially where there is going to be a subsequent will contest or trust contest, the lawyer might be willing to take the entire fee on a contingency basis at the end of the guardianship litigation and the inheritance litigation.
- Trust lawsuit. If you have been improperly written out of a trust, a Florida trust lawyer might take your trust litigation lawsuit on a contingency basis, so that you pay only if successful. In other types of trust lawsuits, the attorney might get paid out of your share of the trust that you receive whether you win or lose your trust lawsuit.
- Surviving Spouses. Many probate lawyers represent surviving spouses on a contingency basis or on a pay-at-the-end basis, depending on the situation.
- Defending a Will Contest or Trust Dispute on a Contingency Basis. Depending on the circumstances, a probate litigation attorney might be able to defend a will contest on a contingency basis or pay-at-the-end arrangement.
- Probate Administration and Probate Litigation. Some clients wish to open a probate administration but don’t have the money to pay me to open the estate. In some cases, the probate lawyer will work with clients and be paid out of the estate, after the probate administration has been opened.
Not every case will qualify for a pay-at-the-end / contingency fee arrangement. Most lawyers will not take an estate dispute over personal property (for example furniture or collectibles) on a contingency basis. The case also has to be pretty strong – most lawyers would normally not take a weak probate case on a contingency basis.
The Contingency Fee Structure in Probate Cases
How Does A Contingency Fee Work in Florida?
A contingency fee arrangement means the attorney’s compensation depends entirely on the case outcome. Instead of charging hourly rates or upfront retainers, a Florida probate contingency lawyer receives a percentage of the recovered estate assets only if the case succeeds. If no assets are secured or recovered, no legal fee is owed.
These agreements are formalized in written contracts, specifying the percentage—commonly ranging from 30% to 40%. Factors such as complexity, estimated duration, and potential asset value influence the agreed rate. The Florida Bar regulates these agreements under Rule 4-1.5(f), requiring them to be reasonable, ethical, and clearly communicated in advance.
What Are the Advantages and Limitations of Contingency Fees
Contingency-based representation in probate matters offers clear advantages for heirs, beneficiaries, or interested parties hesitant to finance litigation upfront. This structure shifts the financial risk to the attorney, incentivizing strategic case management and outcome-driven work.
- Access to representation: Clients can pursue probate claims without depleting personal funds.
- Aligned incentives: Lawyers invest in the case only when confident about a positive resolution, typically through settlement or judgment.
- Predictable cost structure: Clients know exactly what share of recovery goes toward legal fees, eliminating hourly bill shock.
- However, not all probate matters qualify. Contingency fees generally apply to disputes or contested matters involving significant estate assets—quantifiable claims where attorneys can realistically recover funds. Routine probate administration or matters with uncertain or low-value recoveries rarely meet these criteria.
Please contact Jeffrey Skatoff if you would like to learn more about handling your case on a contingency basis.
