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The Honorable Kyle Kutscher
County Judge's Probate
Guadalupe County Uncontested Probate Cases
Welcome to Judge Kutscher's Probate Court website. As you know, representing a client who is handling the estate of a loved one is an important responsibility. We understand that the families who come through our Court are going through a difficult time. That is why the staff of this Court is committed to ensuring that the probate process is as smooth as possible. We developed this page to assist you in understanding how the uncontested docket works in Guadalupe County when your client dies with a will.
Probate cases that are contested or require an administration are transferred to The Honorable Judge Robin V. Dwyer, County Court at Law. The link to County Court at Law is:
The Court must receive all documents required for an uncontested docket hearing before a setting date may be provided. Compliance with this rule allows us to review the file and contact the attorney should any deficiencies be present. We request that a certified death certificate be brought to the hearing; it'll be reviewed for accuracy and returned to you at the hearing.
Please email probate documents to Rachel Stovall
The Court will not consider setting a case until a Civil Case Information Sheet has been e-filed with the Clerk's office. Should you need to obtain the form; it may be found at:
If a client or witness cannot communicate in English during a hearing, whether due to hearing impairment or inability to speak and/or comprehend the English language, then you must procure the services of a state-certified interpreter as defined by Government Code §57.001. This Court does not provide interpreters.
The uncontested probate docket dates are set by staff, once the documents have been reviewed, so please don't expect a date, as sometimes they become full; so the quicker you send the documents to us, the quicker you'll know the court date. You may always request the date, and we will do our best to get you on the docket you request.
If Probating a Will more than Four Years after the Death of the Testator:
Reference "more than four years after death of testator" in the title and body of the Application and Order.
The Court requires the necessary witnesses to be present in Court to provide testimony.
Additionally, all witness testimony shall be reduced to writing. (So drafts of those documents must also be submitted for court approval before a hearing may be set.)
Reference "copy" in the title and body of the application and order. Also, reference "copy" in the body of the proof and oath.
Physically file the will or codicil copy that is being offered for probate with the County Clerk as if it were an original document. This helps the Court properly evaluate the copy of the Will or Codicil that is being offered for probate.
For more information and for assistance, please contact the County Clerk Courts Department at 830-303-8861.