The Cost of Probate Litigation in New Jersey: Is It Worth Fighting?
Probate litigation is necessary when disputes arise over a will, trusts, or estate administration. However, before pursuing legal action, it’s important to be aware of the financial and personal costs, as well as the factors that influence whether litigation is the right choice going forward.
Honestly, probate disputes are usually more legally and emotionally complicated and time-consuming than many people expect when jumping into them, and the stakes extend far beyond just money.
What is Probate Litigation?
Probate litigation is a lawsuit or court fight that happens during or related to the probate process—the legal steps taken after someone dies to handle their estate (their money, property, and belongings).
Normally, probate is straightforward: The court validates the will (if there is one), appoints an executor to pay debts/taxes, and distributes what's left to heirs or beneficiaries. But when there's a disagreement or suspicion of something wrong, it turns into probate litigation—essentially, taking the dispute to court to resolve it.
Common reasons for probate litigation include:
Contesting a will — Someone believes the will is invalid because the person was pressured (undue influence), not mentally capable when signing it (lack of capacity), or it was forged/fraudulent.
Executor misconduct — The person in charge of the estate (executor) is accused of mishandling money, favoring themselves, delaying things, or breaching their duties.
Disputes over distribution — Family members argue about who gets what, unequal shares, or when someone feels unfairly left out.
No will issues — Fights over who should manage the estate or how assets are split under state laws.
Other issues — Challenges to guardianships, trust disputes tied to the estate, or creditor claims gone wrong.
It's like a family argument over inheritance that can't be settled privately, so a judge decides.
How Much Does Probate Litigation Cost?
The costs do vary depending on the complexity of the estate, the number of people involved in the case, and the length of the dispute.
Here’s a general overview:
Attorney Fees: Probate litigation attorneys often charge hourly rates, which can range from $250 to $500 per hour or more, depending on experience and case complexity. Extended litigation can result in tens of thousands of dollars in legal fees.
Court Costs: Filing fees, service of process, and other administrative costs can add several hundred or even thousands of dollars to a case.
Expert Fees: In contested estates, experts such as accountants, appraisers, or forensic specialists may be required, adding to overall expenses.
Discovery and Document Preparation: Collecting evidence, taking depositions, and preparing motions can be time-consuming and expensive.
It’s important to note that even if you win, these costs can eat into the inheritance or assets you’re trying to protect.
What’s The Process of Probate Litigation?
While each case is different, the process usually looks something like this:
1: Acknowledging The Dispute
The first step would be acknowledging that a problem exists. Usually, problems arise due to:
A will or trust that someone believes is invalid
Alleged mismanagement by an executor or trustee
Disagreements between heirs over assets
Claims of fraud, undue influence, or hidden assets
Once the dispute is found, the affected party then consults a probate litigation attorney to see how they can take action and move forward.
2: Filing the Complaint
If normal resolution (outside of court) isn’t possible, the next step would then be filing a complaint in the appropriate New Jersey court. This document outlines:
Who is involved in the dispute
The legal reason for the claim
The goal being sought
By filing, you officially start the litigation process and notify all parties that a legal dispute is happening.
4: Discovery
Discovery, as you’d imagine, is the fact-finding phase. Both sides exchange information to support their case, which includes requesting documents or records related to the estate. It follows with a lawyer questioning the people involved in the dispute under oath, before the trial starts. This doesn’t happen in court, but usually in a private conference room or over a video chat site like Zoom.
Then, the lawyer examines all the money-related documents in the estate, such as bank statements, tax returns, bills, etc. Along with that, the lawyer collects proof to back up claims that someone did do something wrong, such as an executor stole money, or someone pressured the deceased into changing the will, or that assets were hidden.
This is often where much of the litigation expenses come from, as well as the largest amount of time spent.
5: Motions and Hearings
Before trial in a probate litigation case, either party can file motions asking the court to make specific decisions that help shape the direction of the case. For example, one side might file a motion to dismiss if they believe certain claims have no legal basis, or a motion to compel if the other side is refusing to turn over important documents or evidence. The court may also hold opening hearings to address urgent matters, such as protecting estate assets from being sold or depleted. These motions and hearings are an important part of the pre-trial process because they can narrow the issues, force disclosure of key information, and sometimes even resolve parts—or all—of the dispute without the need for a full trial.
7: Trial
If a settlement isn’t possible, the case proceeds to trial. During trial:
Each side presents evidence and arguments
Witnesses may be examined and cross-examined
The judge (and sometimes a jury) evaluates the claims
A formal ruling is issued on the dispute
Trial outcomes can be unpredictable, which is why many families opt to settle beforehand if possible.
Moving Forward
Facing a probate dispute can be difficult to confront, but it doesn’t have to be overwhelming. Understanding the process and knowing what to expect puts control back in your hands. While litigation can be stressful and expensive, it’s also a tool to protect your rights and ensure your loved one’s wishes are honored, which is most important. With careful planning, clear information, and the right guidance, it’s possible to navigate these challenges the right way and come out on the other side with resolution and clarity.
