What to Do When Someone Dies in Guadalupe County, Texas
Probate in Guadalupe County runs through the County Court (Constitutional) / County Courts at Law: 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 Guadalupe County, settling their estate runs through the County Court (Constitutional) / County Courts at Law. 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.
Probate Court Record
County Court (Constitutional) / County Courts at Law
County Clerk (Courts Department)830-303-8861For e-filing status and probate case assistance. Courts department email: cccourts@guadalupetx.gov
County Court at Law No. 1830-303-4188
County Court at Law No. 2830-303-8871
Uncontested probate heard by the Constitutional County Judge at 101 E Court St, phone 830-303-9702. Contested estates and administrations transferred to County Court at Law No. 1 at 211 W Court St, Suite 330. County Clerk maintains probate case files; courts department: 830-303-8861.
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 Guadalupe County, probate runs through the County Court (Constitutional) / County Courts at Law at 101 E Court St, Seguin.
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 Guadalupe County
What probate costs in Guadalupe 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 (Constitutional) / County Courts at Law at 101 E Court St, Seguin.
Probate matters are handled through County Clerk (Courts Department), County Court at Law No. 1, and County Court at Law No. 2. Filing and payment go through these offices, not the main clerk window.
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 (Constitutional) / County Courts at Law (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 (Constitutional) / County Courts at Law
If you're handling probate yourself in Guadalupe County, Texas, you can file at the County Court (Constitutional) / County Courts at Law in person or by mail. E-filing is mandatory for attorneys but families filing without one are exempt and can use paper forms.
Filings here are routed through County Clerk (Courts Department), County Court at Law No. 1, and County Court at Law No. 2. Confirm with the office which intake handles the petition type you're filing.
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 Guadalupe 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.
Not every estate requires an attorney. Estate size, asset types, and whether beneficiaries agree determine if self-filing at the County Court (Constitutional) / County Courts at Law is realistic.
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
Before You File
Email probate documents to Rachel Stovall before scheduling a hearing
All documents required for an uncontested docket hearing must be submitted to rachel.stovall@guadalupetx.gov before a hearing date is set. Contested cases and administrations are referred to County Court at Law No. 1.
Court policy for self-represented probate applicants
Before You Go
Hearing schedule
Uncontested probate settings roughly twice a month: Thursdays at 9:00 AM and Mondays at 1:30 PM (specific dates posted on the county probate page)
What to Bring
To file at the County Court (Constitutional) / County Courts at Law 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 Guadalupe 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 Guadalupe County are recorded with the County Clerk in Seguin, TX 78155.
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 Guadalupe 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 Guadalupe County firm to quote a structure up front.
A probate attorney files the petition with the County Court (Constitutional) / 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 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.
Solo practice near downtown San Antonio serving Bexar County and the surrounding Guadalupe, Kendall, Wilson, and Comal counties. Brian Maverick, board certified in estate planning and probate law since 2009, takes families through probate, transfers a decedent's real estate and business interests to heirs or will beneficiaries, and handles guardianships. Free initial consultation.
PracticesEstate PlanningEstate AdministrationProbateElder Lawand 4 more
Established in 2019, Texas Horizons Law Group offers estate planning and probate services on a flat-fee basis from offices in Seguin and New Braunfels. Over 80 years of combined legal experience in estate planning, probate, real estate, business, and oil and gas law.
PracticesEstate PlanningProbateBusiness SuccessionPower Of AttorneyTrusts
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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Guadalupe County Guides
Step-by-step tools for families in Guadalupe County, Texas.
