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 Bill Squires, 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
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.
2024 [PDF]
Small Estate Affidavits
(Use of the Court's approved form for small estate affidavits required)
Administrative Order (pdf)
Checklist (pdf)
Affidavit (pdf)
Order (pdf)
Order Multiple Distributees (pdf)
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
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.
You can check the status of efilings online by visiting the Records Page:
https://portal-txguadalupe.tylertech.cloud/PublicAccess/default.aspx
For more information and for assistance, please contact the County Clerk Courts Department at 830-303-8861.
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.