What Trust and Inheritance Litigation Costs
California trust and inheritance litigation is usually billed hourly, on contingency, or on a blend of the two. Corcoran Smith Law takes select cases on contingency with no upfront fee. California law requires the fee agreement to be in writing and to state how costs affect what you ultimately receive.
We will not quote you a number on a web page. Anyone who does is guessing, because the cost of a contested matter depends on facts nobody knows yet — whether the other side engages, whether the assets are traceable, whether it settles at mediation. What we can do is be exact about how you would be charged, which is the part you can actually evaluate before you commit.
The three structures
| Structure | How it works | When it fits |
|---|---|---|
| Hourly | Billed for time as work is done, usually against a retainer | Where recovery is uncertain or the goal is not money — removing a trustee, compelling an accounting |
| Contingency | Paid from what is recovered; no fee if nothing is recovered | Where there is a real asset to recover and it can be reached |
| Blended | A reduced hourly rate plus a smaller share of recovery | Long matters where neither side should carry all the risk |
What California requires your fee agreement to say
Fee terms in California are not left to custom. Business and Professions Code section 6147 governs contingency arrangements: the contract must be in writing, and the attorney must give the client a duplicate copy signed by both attorney and client at the time it is entered into. It must state the contingency rate agreed; how disbursements and costs incurred in prosecuting or settling the claim will affect that fee; and to what extent the client could be required to pay compensation for related matters. Unless the matter falls within section 6146, it must also state plainly that the fee is not set by law and is negotiable between attorney and client. Separately, section 6148 requires a written fee agreement in most matters where it is reasonably foreseeable that total expense to the client, including attorney fees, will exceed one thousand dollars. If a contingency agreement fails any requirement of section 6147, it becomes voidable at the client’s option.
Sources: Business and Professions Code s.6147 - Contingency fee contracts · Business and Professions Code s.6148 - Written fee contracts · Verified 2026-08-03.
Fees and costs are different things
This is the distinction that surprises people most, so it is worth stating flatly. The fee is what the attorney is paid for their work. Costs are what the case spends: filing fees, deposition transcripts, expert witnesses, records, service of process. A contingency arrangement addresses the fee. It does not automatically mean costs disappear, and section 6147 exists precisely because the agreement has to tell you how they are handled before you sign.
Ask two questions of any lawyer you speak to, including us: who pays costs if we lose, and are costs deducted before or after the fee is calculated. The second changes what you actually receive, and a straight answer to it tells you a great deal.
What drives the number
- Whether the other side fights. A trustee who produces the accounting after one letter costs a fraction of one who does not.
- Whether the assets are still there. Recovering property already sold and spent is a different case from freezing an account.
- How early you act. Evidence decays, witnesses move, and the statutory windows are short. Late cases cost more and win less.
Need help with legal fees?
We litigate select cases on contingency, with no upfront fees.
Costs are separate from the fee, and whether you are responsible for them is set out in the written agreement before you sign anything.
How contingency fees work in California
A contingency fee means the attorney is paid from what is recovered rather than by the hour, so a beneficiary who cannot fund litigation out of pocket can still bring a claim. California regulates these agreements closely. Under Business and Professions Code section 6147, the agreement must be in writing and the attorney must give the client a duplicate copy, signed by both, when the contract is made. It must state the agreed contingency rate; how disbursements and costs incurred in prosecuting or settling the claim will affect that fee; and to what extent the client could be required to pay for related matters. Unless the matter falls under section 6146, the agreement must also state that the fee is not set by law and is negotiable. These are not formalities: failure to comply with any provision of section 6147 makes the agreement voidable at the client’s option, leaving the attorney entitled only to a reasonable fee.
Sources: Business and Professions Code s.6147 - Contingency fee contracts · Verified 2026-08-03.
Not every matter suits a contingency arrangement, and the firm does not take every case on one. Whether yours qualifies depends on the facts, the likely recovery, and the assets actually available to satisfy a judgment. Ask when you call.
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