What it costs to contest a will.

By Moshe B. Newman, Attorney · Published July 2026

If you’re researching this question, you’re probably weighing two fears at once: the fear of letting a wrongful will stand, and the fear of pouring money into a court fight. Both are legitimate. Any lawyer who quotes you a price for a will contest before hearing your facts is guessing — so instead of a made-up number, here is how the costs actually work in Michigan, what drives them up or down, and how to find out where your case falls before you spend anything.

The court costs (the small, predictable part)

Filing fees in Michigan probate court are set by statute and are the same in every county:

• $175 to open the case — a $150 filing fee to commence a civil action or proceeding in the probate court under MCL 600.880, plus the $25 statewide electronic filing system fee.
• $20 for each motion or petition filed after the case is opened, under MCL 600.880b.

There are additional modest costs along the way — certified copies, service of process, transcript fees — but court costs are rarely what decides whether a contest makes financial sense. The real questions are attorney fees and expert costs.

How attorneys actually bill for will contests

Three models exist, and it helps to know which ones realistically apply:

• Hourly with a retainer — the norm. Most Michigan probate litigation is billed by the hour against a retainer paid at the start and replenished as work proceeds. You pay for the time your case actually requires — which is why the factors in the next section matter so much.
• Contingency — rare in probate disputes. Percentage-of-recovery arrangements are common in injury cases but uncommon in will contests, where the “recovery” is often a share of an estate rather than a cash judgment, and where the outcome may be a settlement restructuring who gets what. Some firms will consider hybrid arrangements in select cases; it is the exception, not the rule.
• Flat fees — generally impractical for litigation. Litigation is reactive by nature; no one controls what the other side files. Flat fees work well for estate planning documents, poorly for contested cases.

What actually drives the cost up or down

1. How far the case goes. This is the biggest variable by a wide margin. Many contests resolve at mediation or in negotiated settlements after initial discovery. A case that settles early costs a fraction of one that goes through depositions, expert reports, and a trial.
2. The evidence your claim requires. A contest built on lack of capacity or undue influence usually means obtaining medical records and sometimes retaining a physician to review them. A forgery claim may need a handwriting expert. Experts are powerful and they bill for their time. (What you must prove depends on your grounds — see our overview of contesting a will or trust in Michigan.)
3. How many parties are involved. Two siblings disputing one will is one case. Five beneficiaries, a second family, and a charity each with their own lawyer is a different animal.
4. How the other side fights. Here is a fact every contestant should know going in: under MCL 700.3720, a personal representative who defends the will in good faith is entitled to their necessary expenses and reasonable attorney fees from the estate — win or lose. In other words, the proponent may be litigating with estate money while you litigate with your own. That asymmetry shapes strategy, and it’s one reason early, well-aimed pressure tends to beat a war of attrition.
5. The condition of the estate’s records. If the fiduciary has been transparent, discovery is cheaper. If you’re dealing with someone who won’t communicate or won’t provide an accounting, expect more motion practice — though the court has tools to compel disclosure, and a fiduciary’s stonewalling often hurts them in the end.

Can fees come out of the estate or trust?

Sometimes — and this can change the economics of a case substantially.

• Trust disputes. Under MCL 700.7904, the court may award costs and reasonable attorney fees from the trust to a party whose action enhances, preserves, or protects trust property. A beneficiary who forces a wrongdoing trustee to restore money to the trust may fit that description.
• Estate disputes. The statutory fee provision, MCL 700.3720, runs in favor of the personal representative acting in good faith. Contestants’ paths to estate-paid fees are narrower and fact-dependent.

No one should count on fee-shifting when deciding whether to litigate — treat it as potential upside, not a plan. But in the right case it matters, and it’s part of the honest math we walk through with you at the outset.

How clients keep the cost down

You have more control over litigation cost than you might think. The clients who spend the least tend to do the same few things: they come in early, before deadlines force emergency filings; they bring organized documents (the will, any prior wills, trustee or court notices, key correspondence) so the lawyer’s first hours go to strategy instead of reconstruction; they focus on their strongest claims rather than insisting every grievance be pleaded; and they stay open to mediation, where most of these cases actually resolve. None of that weakens a case — focused cases are stronger cases.

The math that matters: stakes versus cost versus deadline

The responsible way to decide is a three-part comparison: what you realistically stand to recover, what it will realistically cost to pursue, and how strong the evidence is. Sometimes that math says litigate. Sometimes it says negotiate. Sometimes it says walk away — and a lawyer who tells you that at the screening stage has saved you real money. One thing the math never says is “wait”: Michigan’s contest deadlines are short and unforgiving, and a strong case can expire while you deliberate. Your county’s probate court is listed in our Michigan Probate Court Directory if you want to check the case file yourself first.

How we handle fees

We discuss fees candidly at a free 20-minute screening call before any engagement — what a case like yours involves, how our billing works, what the retainer would be, and whether we honestly think the numbers make sense for you. If the case isn’t worth bringing, we’ll say so. Probate and trust litigation is the core of this practice, and cases that should never have been filed help no one.

Frequently asked questions

Do I have to pay attorney fees up front to contest a will?

Most probate litigation is billed hourly against a retainer paid at the start of the engagement. Contingency arrangements are uncommon in probate disputes. We explain exactly how billing would work for your case — before any engagement — at a free screening call.

Can my attorney fees be paid by the estate or trust?

Sometimes. In trust cases, MCL 700.7904 permits fee awards from the trust to a party whose action enhances, preserves, or protects trust property; in estate cases the paths are narrower. Fee recovery is never guaranteed, so treat it as possible upside rather than the plan.

Is contesting a will worth the cost?

It depends on the stakes, the evidence, and the deadlines — an honest comparison of what you stand to recover against realistic fees and risk. That analysis is exactly what the screening call is for, and sometimes the right answer is not to litigate.

This article is general information about Michigan law, not legal advice, and does not create an attorney-client relationship. Statutes, court fees, and deadlines change; figures current as of 2026. Fee awards and case outcomes depend on the facts of each matter and are never guaranteed. For advice on your specific situation, schedule a consultation.

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