Overview
Kendall County is located in Texas with a population of approximately 51,828. The Kendall County Court 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, used when there is a valid will but no need for estate administration (e.g., no debts other than a mortgage).
Executors and administrators in Texas are generally entitled to a statutory commission of 5% of all sums actually received and paid out in cash, though this does not apply to cash on hand at the time of death or distributions to beneficiaries.
This guide provides an informational overview of the Kendall 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
Kendall County Court
Probate matters in Kendall County are handled at the Kendall County Courthouse with the Honorable Judge Shane Stolarczyk presiding.
Address: 201 E. San Antonio Avenue #122, Boerne, TX 78006
Phone: (830) 249-9343 (County Clerk: ext. 231, Probate: ext. 212)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The Kendall County Courthouse is a historic limestone building located in downtown Boerne, serving as the seat of county government.
Parking and Access
Street parking is available around the courthouse square and in nearby public lots. Visitors should be prepared for security screening upon entry.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the estate is valued at $75,000 or less (excluding homestead and exempt property) and there is no will, you may qualify for this simplified process.
- Muniment of Title: If there is a valid will and no unpaid debts (except a mortgage), this procedure allows the transfer of assets without full administration.
- 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 Kendall County Court. Include:
- Original Last Will and Testament (if applicable)
- Certified Death Certificate
- Civil Case Information Sheet
- Filing fee ($360.00 base fee, plus $100 Sheriff posting fee and $8 citation fee)
- Any additional required documents
E-filing is mandatory for attorneys and available for pro se litigants via E-File Texas.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing to all heirs, beneficiaries, and interested parties.
- Publish notice in a newspaper of general circulation in Kendall County (such as The Boerne Star) one time.
- Post citation: The County Clerk will post a citation at the courthouse for at least 10 days before the hearing.
Step 4: Attend the Hearing
The court will schedule a hearing on the petition, typically 2 to 4 weeks after filing (and after the 10-day posting period). At the hearing, the judge reviews the petition and, if approved, issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors — publish notice to creditors in a local newspaper within 1 month; secured creditors must be notified within 2 months.
- Inventory and appraise all estate assets within 90 days.
- Pay valid creditor claims.
- File federal and state tax returns as needed.
- Distribute assets to beneficiaries.
- File a final accounting and petition for discharge.
Local Requirements
Kendall County-Specific Procedures
- E-filing: Mandatory for attorneys; pro se litigants may file in person or electronically via E-File Texas.
- Court Appearance: The proposed Personal Representative usually must appear in court for the hearing.
- Proposed Orders: Not required to be filed in advance. You must bring proof-read proposed proof of death, proposed order, proposed oath, and a copy of the death certificate to the hearing.
- Publication: Notice to creditors must be published in a newspaper of general circulation in Kendall County one time.
Check the Kendall County Clerk's website for the most current "Helpful Tips and Instructions for Probate Matters" document.
Timeline & Fees
Filing Fees (Kendall County)
- Probate of Will / Administration: $360 base fee
- Additional required fees: $100 Sheriff posting fee + $8 citation fee (total approximately $468)
- Small Estate Affidavit: approximately $360
- Certified copies of Letters: approximately $2 per certified copy
- Publication costs: approximately $100-$200 depending on the newspaper
Texas allows executors a 5% commission on all sums actually received and paid out in cash (with specific exceptions).
Payment Methods
The court accepts cash, credit cards, money orders, and cashier's checks. Convenience fees may apply for credit card payments.
Estimated Timelines
- Simple estates (no disputes, limited assets): 2-6 months
- Average estates: 6-12 months
- Complex or contested estates: 1-2 years
Timelines are affected by the mandatory creditor notice periods, inventory filing deadlines, and court scheduling availability.
Local Resources
Kendall County Court Resources
- Court Website: kendallcountytx.gov
- Probate Self-Help: Kendall County Probate Instructions
- Texas Probate Forms: Texas State Law Library
Legal Aid and Attorney Referrals
- Kendall County Bar Association: Contact local attorneys directly.
- Texas RioGrande Legal Aid: (888) 988-9996 — Legal assistance for low-income residents.
- Texas Bar Lawyer Referral: texasbar.com
Publication
- The Boerne Star: (830) 249-2441 — Official newspaper of general circulation for Kendall County.
- San Antonio Express-News: (210) 250-3000 — Regional newspaper covering the area.