Who pays legal costs when contesting a will?
When a party contests a will, he or she must pay all upfront costs for beginning a court case. As litigation progresses, the contesting party must pay to hire attorneys and other professionals. If a person loses a will contest, he or she may have to cover court costs for the prevailing party. In addition, when considering whether to contest a will, a party should first assess the value of the estate. If the estate is small, a will contest could potentially badly deplete the estate.