How Does Probate Work in Kendall County, Texas?
When someone dies, the last thing you need is confusion about legal requirements. Not every estate in Kendall County requires full probate. Estates valued under $75,000 may qualify for a faster path. The County Clerk (Probate Division) accepts filings in person and requires e-filing for attorneys.
The Probate Process in Kendall County
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 Kendall County, probate runs through the County Clerk (Probate Division) at 201 E. San Antonio Avenue, Suite 127, Boerne.
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 monthsTex. Est. Code §§ 205.001/205.006Verified May 27, 2026 to 12 monthsTex. Est. Code §§ 205.001/205.006Verified May 27, 2026 to move through this process. The 4 monthsTex. Est. Code § 355.060 (121-day bar triggered by optional § 308.054 notice); § 355.001 (no fixed deadline without such notice)Verified May 27, 2026 creditor claim window is the largest fixed piece of that timeline — a mandatory wait regardless of how simple the estate is.
Filing at the County Clerk (Probate Division)
Probate cases in Kendall County are filed with the County Clerk (Probate Division), located at 201 E. San Antonio Avenue, Suite 127, Boerne, TX 78006. The clerk's office is open Monday - Friday, 8:00 AM - 4:30 PM (closed 12:00 PM - 1:00 PM for lunch). Reach the clerk at 830-249-9343.
The County Clerk (Probate Division) schedules probate hearings Probate docket begins at 10:00 AM; in-person hearings (effective April 1, 2023). Contact the County Clerk to be added to the docket. The clerk's office is open Monday - Friday, 8:00 AM - 4:30 PM (closed 12:00 PM - 1:00 PM for lunch).
Attorneys must e-file in Kendall County, but families handling probate without an attorney are exempt and can file on paper at the clerk's office or by mail.
As of April 1, 2023, probate hearings are held in person. Contact County Clerk to be added to docket. Proper courtroom attire required (no shorts, tank tops, hats).
First Steps After a Death in Kendall County
Handling an estate in Kendall County, Texas means working through both immediate tasks (securing property, ordering death certificates, stopping benefits) and the formal probate process at the County Clerk (Probate Division) at 201 E. San Antonio Avenue, Suite 127, Boerne.
Do I Need Probate?
Whether probate is necessary in Kendall County depends on how the deceased's assets were titled and what estate planning was in place. The local court is the County Clerk (Probate Division) at 201 E. San Antonio Avenue, Suite 127, Boerne.
Assets in a funded revocable living trust pass directly to beneficiaries without probate. Life insurance, retirement accounts with named beneficiaries, and jointly-held property with survivorship rights also transfer automatically. Only assets titled solely in the deceased's name — or caught by a pour-over will for unfunded trust assets — go through the County Clerk (Probate Division).
Estates valued under $75,000Tex. Est. Code § 205.001/205.006Verified May 27, 2026 may qualify for a simplified in Texas after waiting 30 daysTex. Est. Code § 205.001/205.006Verified May 27, 2026. Above that threshold, full probate through the County Clerk (Probate Division) is typically required.
See what portion of this estate may require probate:
Opening probate at the County Clerk (Probate Division) requires the original will (or proof there isn't one), a certified death certificate, and documentation of assets — deeds, account statements, vehicle titles. Asset titling is what separates probate property from everything that passes automatically.
Texas allows independent administration, which gives the executor authority to manage estate assets, pay debts, and distribute property without returning to the court for approval on each step.
Who Inherits Without a Will?
In Texas—a community property state—spouses already own half of everything acquired during marriage. Only the deceased's half goes through probate at the County Clerk (Probate Division). The surviving spouse's half is never part of the estate.
Enter the family details to see who inherits under Texas law:
Texas provides constitutional homestead protection. The surviving spouse has a lifetime right to remain in the primary residence, and creditors cannot force its sale to satisfy estate debts.
The County Clerk (Probate Division) can approve a family allowance of up to $45,000Tex. Estates Code §§ 353.053 (in lieu of homestead), 353.102 (family allowance)Verified May 27, 2026 for the surviving spouse and minor children during probate. This is paid before creditors.
Texas has adopted digital asset access laws, allowing executors to manage the deceased's email, social media, and online accounts as part of estate administration.
Property owned in other states requires separate "ancillary" probate proceedings in each state. Texas recognizes out-of-state personal representatives, which simplifies the process for families.
Legal Sources
- Tex. Est. Code § 205.001/205.006
- Tex. Est. Code § 355.060 (121-day bar triggered by optional § 308.054 notice); § 355.001 (no fixed deadline without such notice)
- Tex. Est. Code §§ 205.001/205.006
- Tex. Estates Code §§ 353.053 (in lieu of homestead), 353.102 (family allowance)
Data sourced from Texas statutes and official state code. How we research.
Frequently Asked Questions
The County Clerk (Probate Division) for Kendall County is located in Boerne, Texas. Full address, phone, hours, and e-filing details are listed on this page.
A simple probate in Texas typically closes in 4–6 months. Average estates run 6–12 months. Complex estates with disputes or tax issues can take 12–24 months. Timing in Kendall County tracks the state range unless the docket is unusually backed up.
No. Texas allows estates under $75,000 to use a small estate affidavit and skip formal probate. The waiting period is 30 days after death. Use the Texas probate decision tool to see if the estate qualifies.
When there is no will, Texas' intestate succession rules decide who inherits. Spouses, children, and parents are prioritized in that order. The Kendall County probate court applies the state rules without variation. See who inherits in Texas for the exact order.
A revocable living trust is the cleanest way for most families to skip probate entirely. Assets titled to the trust pass to beneficiaries without court involvement, filing fees, or the Kendall County probate docket. Create a revocable trust online to avoid putting your family through this process later.
County Clerk (Probate Division)
Kendall County
201 E. San Antonio Avenue, Suite 127
Boerne, TX 78006
Phone:
830-249-9343Fax:
830-249-3472
Hours:
Monday - Friday, 8:00 AM - 4:30 PM (closed 12:00 PM - 1:00 PM for lunch)
Paper Filing Available
E-Filing Optional
Texas Estate Planning Articles
Articles about estate planning, probate, and trusts relevant to families in Kendall County.
Texas Estate Attorneys
Find estate planning attorneys in Texas by practice area.
Notify Banks & Financial Institutions
Each institution has a separate death claim process. Find yours below.
Notify Government Agencies
State-administered programs an executor handles after a death in Texas.
