Required for attorneysAttorneys must e-file probate cases through eFileTexas; self-represented filers may e-file or file on paper. When an application to probate a will is e-filed, the original will goes to the clerk within three business days. On paper: Original wills: filed with the clerk on paper within three business days after the application is e-filed.
Accepted payment
At the counterCash, Check, Money order, Credit card.Fees are paid by cash, check, money order or credit card. Card payments carry a 2.85% convenience fee paid to Certified Payments.
Fax
1-830-608-2021
Departments
Probate auditor (probate hearing settings)1-830-221-1186A probate setting is requested by e-filing the notice of hearing, which the clerk forwards to the probate coordinator; questions about settings go to the probate auditor.
About the court
The County Courts at Law hear probate, guardianship and mental commitment cases, and the County Court at Law Clerk's office on Main Plaza takes the filings. Since September 1, 2025 the clerk no longer emails or e-serves court orders; parties get them through re:SearchTX.
Probate is the court-supervised process of settling someone's estate after they die — validating the will, paying debts and taxes, and transferring what's left to the heirs. In Comal County, probate runs through the County Courts at Law at 199 Main Plaza, Suite 1013, New Braunfels.
The personal representative opens the case, gives notice to heirs and creditors, files an inventory of the estate's assets, settles outstanding debts and taxes, and then distributes the remainder under the will — or under Texas intestacy law when there is no will.
Most Texas estates take 6 months to 12 months to move through this process. Creditors have 4 monthsTex. Estates Code §§ 308.051-308.056, 355.001-355.004, 355.060, 355.064, 355.102Verified Oct 19, 2026View source to present a claim, counted from the written notice the representative sends them, not from publication.
What Probate Costs in Comal County
What probate costs in Comal County, Texas comes down to a handful of line items — the court filing fee, attorney and executor compensation, publication, and sometimes a bond — scaled by the estate's size and whether the will is contested. The case itself runs through the County Courts at Law at 199 Main Plaza, Suite 1013, New Braunfels.
Procedures at this court that affect cost: Each order carries a $2 judge's signature fee, and each bond a $7 filing fee.
Texas charges a $360 statewide base for an original probate filing: the $137 state consolidated fee plus the $223 local consolidated fee. Counties add charges for issuing citation and for the sheriff or constable posting notice, so county totals for a will probate run from $360 to about $520Tex. Loc. Gov't Code §§ 133.151(a)(1), 135.102(a)(1) (consolidated filing fees); SB 41 (87th Leg., Acts 2021, ch. 472)Verified Oct 17, 2026. Additional filings during administration — inventory, accounting, the final petition — add to the total.
Estimate the costs for this estate:
Attorney fees in Texas are negotiated, typically 2.2%Modeled estimate under Tex. Est. Code § 352.051 (reasonable and necessarily incurred fees; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 3.5%Modeled estimate under Tex. Est. Code § 352.051 (reasonable and necessarily incurred fees; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of estate value. Flat-fee arrangements are common for straightforward estates.
Texas allows executors 'reasonable compensation' — around 2.2%–3.8% of a $500,000 estate, judging by what the states with statutory schedules payTex. Est. Code §§ 352.002, 352.003Verified Sep 8, 2026View source. Family members who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.
Texas requires publishing notice to creditors in a local newspaper, and the estate pays for it.
A surety bond may be required unless the will waives it or all beneficiaries consent. Premiums run roughly 0.5%Industry surety premium estimate; the bond itself under Tex. Est. Code § 305.101Verified Sep 8, 2026View source of estate value annually.
Probate in Texas typically runs 6 months to 12 months, and costs accrue throughout that period.
How to File Probate at the County Courts at Law
Probate cases in Comal County, Texas are filed at the County Courts at Law.
Beside the filing office, the court lists a separate line for Probate auditor (probate hearing settings).
Can You File Without an Attorney?
Texas requires an attorney of record to open formal probate, and informal probate is not available; a qualifying small estate can still be collected without one.
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
Before You File
Each document, including a cover letter, is e-filed as a separate lead document, and orders go in a separate envelope from any pleading.
Citation and service fees are not part of the initial filing fee and are chosen under optional services; a cover letter gives the instructions for service.
Filed with the opening petition at the County Courts at Law: Application to admit the will to probate and/or for letters testamentary or of administration (Tex. Est. Code ch. 256 / ch. 301; contents per § 301.052) — drafted by counsel, no statewide form; Original will and any codicils, filed with the application (Tex. Est. Code ch. 256); Certified copy of the death certificate / proof of death; Citation issued by the county clerk and served — by posting where the will is produced in court — before the court may act on the application, and proof of that service (Tex. Est. Code §§ 258.001, 258.003; §§ 256.151(4), 301.151(4))Tex. Est. Code ch. 256 (probate of wills / application; § 256.052 contents; § 256.003 four-year limit to admit a will), ch. 301 (application for letters testamentary or of administration; § 301.052 contents; § 301.002 four-year deadline to apply for letters), ch. 305 (qualification & bond), ch. 306 (granting & issuance of letters); ch. 401-404 (independent administration)Verified Aug 24, 2026View source.
Death Certificates and the Justice of the Peace in Comal County
In Texas a death is registered locally, and in Comal County certified copies of the death certificate are issued by County Clerk, Vital Statistics, Comal County as well as by Texas Department of State Health Services - Vital Statistics Section.
The County Clerk issues death certificates only for deaths within Comal County, and stops taking walk-in visitors at 4:30 p.m. An applicant presents a current government-issued photo identification.
Clearing title to real estate after a death, whether by a personal representative’s deed, an affidavit of survivorship, or a court order, happens at the County Clerk.
Deeds and other real property documents for Comal County are recorded with the County Clerk at 150 North Seguin Avenue, Suite 1037, New Braunfels, TX 78130. Phone: 1-830-221-1230. Hours: Monday-Friday 8:00 AM-noon and 1:00 PM-4:30 PM.
The County Clerk charges $25 for the first page plus $4 for each additional page.
Texas allows independent administrationTex. Est. Code §§ 401.001 (testate/will), 401.002 (testate/agreement), 401.003 (intestate/agreement)Verified Sep 8, 2026View source, so the personal representative manages, pays and distributes the estate without returning to the court for approval at each step. A probate attorney earns the fee when the estate is contested, includes a business or out-of-state real estate, has unclear or insolvent debts, or when beneficiaries disagree.
Probate attorney fees in Texas are based on reasonable compensation, billed hourly or as a flat fee. Ask a Comal County firm to quote a structure up front.
A probate attorney files the petition with the County Courts at Law, publishes the required creditor notices, prepares the inventory and accounting, handles creditor claims and tax filings, and guides the final distribution. They represent the personal representative — not the beneficiaries — a distinction that matters if a dispute develops.
San Antonio elder law firm serving Bexar, Comal, and Guadalupe counties, led by Carol Bertsch, a Certified Elder Law Attorney. Handles probate administration including muniment of title and determination of heirship, special needs and qualified income trusts, and long-term care Medicaid planning. Probate is quoted as a one-time flat fee.
PracticesEstate PlanningProbateElder LawMedicaid Planningand 2 more
New Braunfels practice serving Comal, Guadalupe, and Hays counties. George Carroll brings 28 years of experience to probate with and without a will, affidavits of heirship, small estate affidavits, and trust administration, alongside wills, trusts, and Medicaid asset protection planning for farm and family-business owners. Free consultations.
PracticesEstate PlanningTrust AdministrationProbateElder Lawand 2 more
Office
2336 Gruene Lake Dr., Suite CNew Braunfels, TX 78130
New Braunfels firm established in 2017 by Beverly Davidek and now five attorneys, serving Comal, Guadalupe, and Hays counties. Probate work covers small estate affidavits, muniment of title, and applications to determine heirship in intestate estates. Davidek has practiced since 1994 and was an Assistant District Attorney in Bexar County.
PracticesEstate PlanningProbateGuardianshipAsset Protectionand 3 more
San Antonio and Austin firm handling independent and dependent administration, muniment of title, small estate affidavits, letters testamentary, and trust administration for families across Bexar, Travis, Williamson, and Hays counties. Also handles guardianship and Medicaid crisis planning. Free 45-minute estate planning and probate consultations.
PracticesEstate PlanningTrust AdministrationProbateGuardianshipLong Term Care Planning
Office
17721 Rogers Ranch Parkway, Suite 130San Antonio, TX 78258
Boerne practice in the Texas Hill Country serving Kendall, Bexar, Comal, and Kerr counties, limited to estate planning and probate administration. Lasca Arnold takes executors through probate for letters testamentary, determination of heirship and letters of administration, muniment of title, and small estate affidavits. Free consultation.
PracticesEstate PlanningProbateAsset ProtectionPower Of Attorneyand 2 more
San Antonio firm near the airport, serving Bexar County and the surrounding Hill Country counties since 1988. Walks executors and administrators through will probate, intestate administration, and the alternatives to probate, and drafts wills, trusts, and powers of attorney. Thomas G. Bassler is board certified in estate planning and probate law; Spanish is spoken in the office.
Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to verify their current practice areas and availability.
Data sourced from Texas statutes and official state code. Fee percentages are modeled estimates; each figure's note says how. How we research.
Tools for Settling an Estate in Texas
Free tools for settling an estate in Texas: whether probate is needed, executor and trustee pay, creditor deadlines and taxes. Run each tool for Texas.
How Do I Settle an Estate?
Settling an estate in Texas: the personal representative files the estate inventory within 90 daysTex. Estates Code §§ 309.001, 309.051, 309.056, 309.101Verified Sep 15, 2026View source of appointment; creditors have 4 monthsTex. Estates Code §§ 308.051-308.056, 355.001-355.004, 355.060, 355.064, 355.102Verified Oct 19, 2026View source to present claims; a simple estate closes in 4 months to 6 months.
See the Steps
How Do I Settle a Trust?
Settling a trust in Texas happens outside court: the trustee acts under the state's trust statuteTex. Prop. Code § 111.001 et seq.Verified Oct 17, 2026View source, notifies the beneficiaries, then pays the debts and distributes under the trust's terms.
See the Steps
Can I Self-File Probate?
Texas requires an attorney of record to open formal probate, and informal probate is not available; a qualifying small estate can still be collected without one.
Enter the estate value to see Texas attorney fees, executor fees, court costs and the timeline.
Examples:
General information about probate costs, not legal or financial advice. Fee bases vary by state and may use gross estate, personal property, inventory value or net property after debts. Actual costs vary by county, attorney and estate complexity. Consult a licensed attorney for legal questions.
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See whether you can file probate yourself
Enter the estate value to see whether Texas lets a self-represented person open probate, what the court requires, and what each route costs.
General information about filing probate without a lawyer, not legal advice. Both routes are priced by the probate cost estimator on the same estate; the attorney fee is the one line that differs. Actual costs vary by county, attorney and estate complexity. Consult a licensed attorney for legal questions.
