What to Do When Someone Dies in Comal County, Texas
Probate in Comal County runs through the County Court at Law No. 1: prove the will, settle the debts, and pass the house to the heirs. Here is how the local process works—and what each step actually costs.
When someone dies in Comal County, settling their estate runs through the County Court at Law No. 1. This page covers the court record, whether probate is required, what it costs, how to file, transferring property, and the local attorneys who handle probate here.
County Courts at Law No. 1 and No. 3 have jurisdiction in probate and guardianship matters. County Clerk handles filings at 150 N. Seguin, Ste. 1037, phone: 830-221-1230. Phone menu: Option 2 for Probate/Mental Health. Orders carry a $2 judge signature fee. Death certificate required for all new cases. Motions and orders must be filed as separate lead documents (not combined or as attachments), except for pro se filers. E-filing mandatory since January 2015 for attorneys.
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 Court at Law No. 1 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. The 4 monthsTex. Est. Code § 355.060 (121-day bar from a creditor's RECEIPT of the optional § 308.054 notice; § 403.055 is the identical bar in an independent administration); § 355.001 (claims may be presented any time before the estate closes when no § 308.054 notice is sent). Texas has NO claim period running from the § 308.051 published notice.Verified Sep 8, 2026View source creditor claim window is the largest fixed piece of that timeline — a mandatory wait regardless of how simple the estate is.
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 Court at Law No. 1 at 199 Main Plaza, Suite 1013, New Braunfels.
Texas charges $360Tex. Loc. Gov't Code §§ 133.151(a)(1) ($137 state consolidated), 135.102(a)(1) ($223 local consolidated); SB 41 (87th Leg., eff. 1/1/2022), amounts last amended by SB 1612 (88th Leg., eff. 1/1/2024). SB 1760 (89th Leg., eff. 9/1/2025) added only a $45 guardianship-transfer filing fee (Est. Code ch. 1023) and did not change the consolidated amounts. § 133.151(a)(1) ($137) and § 135.102(a)(1) ($223) re-confirmed verbatim 2026-09-08 against tcss.legis.texas.gov/Docs/LG/htm/LG.133.htm and LG.135.htm (the codified-text backend; the canonical statutes.capitol.texas.gov page is a JS shell that serves zero statute text). Neither section carries an 89th Leg. (2025) amendment; both last amended by SB 1612 (88th Leg.), eff. 1/1/2024.Verified Sep 8, 2026View source to open probate, the same in every county. Additional filings during administration — inventory, accounting, the final petition — add to the total.
E-filing is mandatory for attorneys filing at the County Court at Law No. 1 (https://efile.txcourts.gov/). Self-represented filers can request a paper-filing exemption.
Estimate the costs for this estate:
Attorney fees in Texas are negotiated, typically 2.2%Tex. Est. Code § 352.051 (reasonable and necessarily incurred fees; no statutory percentage)Verified Sep 8, 2026View source to 3.5%Tex. Est. Code § 352.051 (reasonable and necessarily incurred fees; no statutory percentage)Verified Sep 8, 2026View source of estate value. Flat-fee arrangements are common for straightforward estates.
Executor compensation is based on reasonable pay for time and effort — the states that do set a schedule pay 2.2%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source to 3.8%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source of estate value. Family members who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.
Texas requires publishing creditor notice in a local newspaper, typically $200–$500. Professional appraisals for real estate or business interests add $300–$600 per asset.
A surety bond may be required unless the will waives it or all beneficiaries consent. Premiums run roughly 0.5%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 Court at Law No. 1
If you're handling probate yourself in Comal County, Texas, you can file at the County Court at Law No. 1 in person or by mail. E-filing is mandatory for attorneys but families filing without one are exempt and can use paper forms.
How to File Your Documents
Paper Filing Available
You can file your probate documents in person or by mail. While attorneys are required to e-file in Comal County, families handling probate themselves are exempt and can file on paper.
E-Filing Also Available
If you prefer, you can file electronically through the state's online system. This is optional for families filing without an attorney.
•Original wills (must be filed in person within 3 days)
Can You File Without an Attorney?
Not every estate requires an attorney. Estate size, asset types, and whether beneficiaries agree determine if self-filing at the County Court at Law No. 1 is realistic.
You can file in person without an appointment. Walk-in records viewing available during lobby hours (8:00 AM - 4:30 PM). For probate case settings, contact the Probate Auditor at 830-221-1240, option 2.
To file at the County Court at Law No. 1 you need: the original will (or proof there isn't one), a certified death certificate, contact information for all heirs and beneficiaries, and a summary of what the estate owns and owes.
Transferring Property in Comal County
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 in New Braunfels, TX 78130.
The County Clerk charges $25 for the first page plus $4 for each additional page.
Texas uses formal, court-supervised probate, which makes an attorney worthwhile for most estates in Comal County — the filing sequence, notice requirements, and accounting leave little room for error. Estates under the small-estate threshold are the usual exception.
Probate attorney fees in Texas are based on reasonable compensation — typically 2.2%Tex. Est. Code § 352.051 (reasonable and necessarily incurred fees; no statutory percentage)Verified Sep 8, 2026View source to 3.5%Tex. Est. Code § 352.051 (reasonable and necessarily incurred fees; no statutory percentage)Verified Sep 8, 2026View source of the estate's value, 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 Court at Law No. 1, 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 PlanningEstate AdministrationTrust AdministrationProbateand 2 more
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.
Living trust assets, and accounts with a named beneficiary or surviving joint owner. These skip probate; some states charge the court fee only on what remains.
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Probate fee bases vary by state and may use gross estate, personal property, inventory value, or net property after debts. This calculator provides educational estimates only and does not constitute legal or financial advice. Actual costs vary significantly by county, attorney, and estate complexity. Consult a licensed attorney in your state for guidance specific to your situation.
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Comal County Guides
Step-by-step tools for families in Comal County, Texas.
