Where do I file for probate in Guadalupe County?

Probate applications are filed with the Guadalupe County Clerk, located at 211 W. Court Street, Seguin, TX 78155. E-filing is required for most matters.

How much does probate cost in Guadalupe County?

The base filing fee for a new probate application is approximately $360. Additional costs may apply for citations, copies, and publication.

Can I avoid probate in Guadalupe County with a small estate?

Yes, if the estate is valued at $75,000 or less (excluding homestead and exempt property) and there is no will, you may be able to use a Small Estate Affidavit.

How long does probate take in Guadalupe County?

Uncontested estates typically take 4-6 months to settle. The process includes a mandatory 10-day posting period before the initial hearing.

Do I need an attorney for probate in Guadalupe County?

While you are not legally required to have an attorney, the court strongly recommends it. Probate involves complex legal procedures, and the court holds pro se litigants to the same standards as attorneys.

Where are probate hearings held?

Hearings are typically held at the Guadalupe County Courthouse, 101 East Court Street, Seguin, TX 78155. Always check your hearing notice for the specific location.

Guadalupe County Probate Guide: Courts, Fees & Process (2026)

Overview

Guadalupe County is located in Texas with a population of approximately 190,000. The Guadalupe County Court at Law handles all probate and estate matters for decedents who were domiciled in the county at the time of death.

Texas probate is governed by the Texas Estates Code. The process begins with filing an Application for Probate of Will and Issuance of Letters Testamentary to admit the will and appoint a personal representative. The court then issues Letters Testamentary for testate estates or Letters of Administration for intestate estates.

Texas offers simplified procedures for smaller estates, such as the Small Estate Affidavit for estates valued at $75,000 or less (excluding homestead and exempt property) where there is no will. Another option is Muniment of Title, which allows for the transfer of assets without a full estate administration if there are no debts other than those secured by real estate.

Texas law provides for a statutory fee schedule for executors and administrators, typically calculated as a 5% commission on all sums actually received or paid out in cash, with specific exceptions.

This guide provides an informational overview of the Guadalupe County probate process. It is not legal advice and is not a substitute for consulting a qualified attorney. Laws and local procedures may change — verify current requirements with the court.

Courthouse Information

Guadalupe County Court at Law

Probate matters in Guadalupe County are handled at the Guadalupe County Courthouse.

Address: 101 East Court Street, Seguin, TX 78155

Phone: (830) 303-9702 (Probate Court)

County Clerk Courts Department: (830) 303-8861 (for filing questions)

Hours: Monday through Friday, 7:45 AM to 4:30 PM

The County Clerk's office, where filings are submitted, is located nearby at 211 W. Court Street, Seguin, TX 78155. The Probate Court is presided over by Judge Kyle Kutscher for uncontested matters, while contested matters may be transferred to the County Court at Law presided over by Judge Bill Squires.

Parking and Access

Public parking is available around the courthouse square and on adjacent streets. Visitors should be prepared for security screening upon entering the courthouse building.

Filing Process

Step 1: Determine If Probate Is Necessary

Before filing, assess whether formal probate is required:

Small Estate Affidavit: If the decedent died without a will and the estate is valued at $75,000 or less (excluding homestead and exempt property), you may qualify for this simplified process.
Muniment of Title: If there is a will and the only unpaid debts are secured by real property, this procedure allows the will to be treated as a title deed.
Trust administration: Assets held in a living trust generally do not require probate.

Step 2: File the Petition

If formal probate is needed, file an Application for Probate with the Guadalupe County Clerk. Include:

Original Will and Codicils (if applicable)
Certified Death Certificate
Civil Case Information Sheet
Filing fee (approximately $360)
Any additional required documents

Note: Guadalupe County requires all civil court matters to be submitted electronically (e-filing) pursuant to the Texas Supreme Court Mandate.

Step 3: Provide Notice

After filing, you must:

Post notice: The County Clerk will post a citation at the courthouse for a statutory period (typically 10 days).
Publish notice: For independent administrations, publish a notice to creditors in a newspaper of general circulation in Guadalupe County (e.g., Seguin Gazette) within one month of receiving Letters.

Step 4: Attend the Hearing

The court will schedule a hearing on the application, typically after the 10-day posting period has elapsed. At the hearing, the judge reviews the application and testimony. If approved, the judge signs the order and the clerk issues Letters Testamentary or Letters of Administration.

Step 5: Administer the Estate

After receiving Letters, the personal representative must:

Notify secured creditors and beneficiaries within specific statutory timelines
Inventory and appraise all estate assets within 90 days of qualification (or file an Affidavit in Lieu of Inventory if applicable)
Pay valid creditor claims
File federal and state tax returns as needed
Distribute assets to beneficiaries
File a closing report or notice to close the estate

Local Requirements

Guadalupe County-Specific Procedures

E-filing: Mandatory for all civil and probate matters.
Pro Se Applicants: The court has a specific policy for pro se applicants. While you have the right to represent yourself, probate is a complex area of law, and the court strictly enforces rules of procedure and evidence.
Original Will: The original will must be filed with the County Clerk's office within three business days of electronically filing the application.
Publication: Notice to creditors must be published in a newspaper of general circulation in Guadalupe County, such as the Seguin Gazette.

The court requires all pleadings to begin with the exact names as they appear in the Will for the Decedent and Executor.

Timeline & Fees

Filing Fees (Guadalupe County)

Probate of Will / Administration: approximately $360
Small Estate Affidavit: approximately $360
Muniment of Title: approximately $360
Issuance of Letters: approximately $2.00 per copy
Judge's Signature Fee: approximately $2.00
Posting Citation: approximately $75.00 (often included in base fee)

Note: Fees are subject to change. Check the current "Guadalupe County Clerk Fee Schedule" for the most accurate amounts.

Payment Methods

The County Clerk accepts cash, credit cards, cashier's checks, and money orders. Convenience fees apply to credit card transactions.

Estimated Timelines

Simple estates (uncontested): 4-6 months
Average estates: 6-9 months
Complex or contested estates: 9 months to 2+ years

The mandatory 10-day posting period for the citation must elapse before a hearing can be held.

Local Resources

Guadalupe County Court Resources

Court Website: https://www.guadalupetx.gov/page/probate.home
County Clerk: https://www.guadalupetx.gov/page/coclerk.home
Probate Forms: https://www.guadalupetx.gov/page/probate.home

Legal Aid and Attorney Referrals

State Bar of Texas Lawyer Referral: https://www.texasbar.com
Texas RioGrande Legal Aid: (888) 988-9996 — Provides free legal services to low-income residents.

Publication

Seguin Gazette: (830) 379-5402 — Newspaper of general circulation for probate notices.

Probate in Guadalupe County, Texas: 2026 Guide