When y0u begin the probate process the first step is submitting an application for probate. This application must be filed with the proper Texas probate court in the county where the decedent resided. In the city of New Braunfels, this is either Comal County or Guadalupe County.
It’s extremely important to start the probate process in the correct jurisdiction. Probates filed in the incorrect court will likely be thrown out even after going through all the steps. This is further complicated by each court in Texas having its own set of probate proceedings and qualifications. Before filing, it’s best to consult with an attorney about the county or counties where you feel your probate should be handled.
Since the probate will be carried out in the county in which the decedent resided, the probate must be filed within either Comal or Guadalupe County. The process for each of these counties will be slightly different.
Guadalupe County is one of several Texas counties that have at-least one statutory probate court. These courts hear exclusively probate and guardianship cases and cases related to probates and guardianships.
The information for the Guadalupe County Probate Court can be found below.
The judges for all New Braunfels courts have agreed to the Comal and Guadalupe County Local Court Rules, but each judge has their own manner hearing cases and operating their court. What works in one court in New Braunfels may very well not work in another court in Braunfels County.
What this ultimately highlights, is the importance of consulting the local rules and procedures for each court. This is also the reason many individuals opt to hire a probate attorney who regularly handles cases in the Comal and Guadalupe County probate courts.
The cost and length of probate will vary significantly and it depends on a number of factors such as the value and complexities of the estate, the existence of a will and the location of real property owned by the estate. Additionally, any disputes or will contests with alleged creditors over the debts of the estate can also add significant time and fees. Common expenses of an estate include executors fees, accounting fees, court fees, appraisal costs, and surety bonds. Most estates are settled though probate in about 9 to 18 months, assuming there is no litigation involved.
We are experienced probate attorneys who frequently represent clients with sensitive probate matters in New Braunfels. We know the Comal County and Guadalupe County probate courts, the County Clerk’s office, and the New Braunfels probate rules.
Do you need help with a probate matter in New Braunfels or the surrounding communities?
Alternatively, you can always give us a call us at 210-436-6601