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:

http://www.co.guadalupe.tx.us/ccl/ccl.php


Submission of Documents

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


Civil Case Information Sheet

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:

http://www.txcourts.gov/media/514426/RevCivilCaseInfoSheetEff3_1_13.pdf


Court's Policy on the Use of Interpreters

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.


Hearing Dates

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.

2018 [PDF]


Small Estate Affidavits

Administrative Order

Checklist

Affidavit

Order


Muniment Of Titles

MERP (Medicaid Estate Recovery Program) [PDF]

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.


Independent Administration - Wills

Important information

  • Exact Names and aliases:

    The Court requires all pleadings to begin with the exact names as they appear in the Will for the Decedent and Executor, even if the person is now known by another name. The exact name can be followed by the "now known as" name - or any other a/k/a or f/k/a name.

  • Alternate Executor:

    If anyone other than the first-named executor in the Will is being appointed, be sure to include the name of the first-named executor and why he/she cannot serve. Be sure to do the same for all other named executors who will not serve but who have priority over the executor(s) who will serve. This information needs to be included in the application and in the findings section of the order.

  • Probating Codicils:

    Reference "Codicil" in the title of all document(s) as well as in the body.


Probating a Will thats not Self-Proved and/or a Holographic Will:

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.)


Probating a Copy of a Will or Codicil or a Lost Will or Codicil:

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.


General Information

  • Q:   Can I talk directly to the Judge?

    Generally all communications with the Judge must be done in open court with all parties present. Please do not attempt to call Judge Kutscher directly or contact him by e-mail or any other method of communication outside of court.

  • Q:   Does the Court accept filings?

    The Court does not accept filings. All civil court matters must be submitted electronically pursuant to the State of Texas Supreme Court Mandate ordered December 11, 2012 (Misc. Docket No. 12-9208). Please visit Electronic Filing to access information including the mandate order, the return for correction reasons and other related information. These documents are submitted to the County Clerk's office.

  • Q:   What is the dress code for the Court?

    Everyone appearing in court should be attired in an appropriate manner maintaining the dignity of the Court. The Court does not allow the following attire:

    • No hats, caps or other headwear (may be worn but removed before entering the courtroom)
    • No shorts or tank tops
    • No bare mid-drifts
    • No sagging pants
    • No Sunglasses

  • Q:   What is the proper courtroom etiquette?

    During an open court session, each individual is given an opportunity to listen to the judge's instructions about his or her case. Talking and other disruptive noises interfere with that interaction. Please refrain from noisy or disruptive behavior and be respectful of all court proceedings. This includes frequent entering and exiting of the courtroom.

    • No cameras, video or audio recording devices are allowed in the courtroom.
    • No food in the courtroom.
    • Cell phones must be placed on silent or off while in the courtroom. No cell phone use will be allowed in the courtroom without the prior permission of the Judge. If you must use, take, or make a telephone call, please step outside of the courtroom.
    • Failure to abide by the foregoing courtroom rules may result in your removal from the courtroom or punishment pursuant to the Texas Government Code.


  • Prior To contacting Court Staff

    Please Read Prior to Contacting a Court to Schedule a Hearing

  • Prior To Contacting Court Staff

    Requirements of all Courts

    The following must be filed prior to scheduling a hearing:

    • All cases - The e-filing of the Civil Case Information Filing Sheet and Application;
    • Decedent's Estates Original Will (or a copy if the original Will cannot be produced) must be filed with the County Clerk's office in accordance with the Texas Rules of Civil Procedure

    Please note that Court staff can tell you about the services of the Court and can answer questions about how the Court works; however, Court staff cannot give legal advice or answer legal questions. If you need someone to research the law and give you legal advice, you should consult an attorney.



You can check the status of efilings online by visiting the Records Page:

http://judicial.co.guadalupe.tx.us/default.aspx

For more information and for assistance, please contact the County Clerk Courts Department at 830-303-8861.

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