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Comal County, TX Probate Information

Quick facts

CategoryCurrent rules
CourtThe three Comal county courts at law and the Comal County Court, concurrently. Comal County has three statutory county courts, County Court at Law No. 1, No. 2 and No. 3 of Comal County (Government Code § 25.0481), and no statutory probate court, so each county court at law has original probate jurisdiction concurrent with the Comal County Court, the constitutional county court presided over by the elected County Judge (Texas Estates Code § 32.002(b); Government Code § 25.0003(d)). Each court's own page carries the same sentence: "These Courts also have jurisdiction in probate and guardianship matters." The county publishes no rule assigning estates among the three, so ask the clerk's probate desk which court your case is in. The judges are Randy C. Gray (No. 1), Charles A. Stephens (No. 2) and Deborah Wigington (No. 3), and the County Judge is Kristen Hoyt (all verified July 2026). The county's own County Judge page describes the split honestly: the County Judge "may consider some juvenile, probate and mental competency cases", but "in Comal County, the primary function of the Judge is to be the presiding officer of the Commissioners Court"
Filing officeThe Comal County Clerk, through its County Court at Law Clerk's Office, which the county describes as "one of many departments under the County Clerk's office" and which says of itself: "We record and probate wills, guardianships, and mental health cases." The County Clerk is Bobbie Koepp (verified July 2026). Two authorities put estates on the county clerk's side of the counter: the County Clerk is the clerk of the county court under Texas Constitution article V, § 20, and Government Code § 25.0482(f) provides that for a Comal county court at law "the district clerk serves as clerk ... for family law cases and proceedings, and the county clerk serves as clerk for all other cases and proceedings." The Comal County District Clerk serves the district courts and family matters and does not open estates
CourthouseCounty Court at Law Clerk's Office, 199 Main Plaza, Suite 1013, New Braunfels, TX 78130. The county calls the building the Landa Annex and publishes its own directions: take the Lake McQueeney exit off Interstate 35 and travel north on Seguin Street to the Plaza in the center of town, where the Landa Annex is on the northeast side. The county states that "The County Court at Law 1, 2, and 3 offices and courtroom are located at 199 Main Plaza, Landa Annex, 1st floor" (Suite 1102), and the Comal County Law Library is in the basement of the same building at B102. Do not go to 150 N Seguin, Suite 1037, which is the County Clerk's recording, land records and vital-statistics office, or to 100 Main Plaza, where the Commissioners Court sits
Mailing addressComal County Clerk, County Court at Law Clerk's Office, 199 Main Plaza, Suite 1013, New Braunfels, TX 78130. The county publishes no separate post office box for probate and takes mailed records requests at the same street address. Send the original will here, not to a courtroom or to the 150 N Seguin office
Phone830-221-1240, option 2, for the probate and mental health desk of the County Court at Law Clerk's Office. The county publishes the whole phone tree on one number: option 1 records, option 2 probate and mental health, option 3 criminal misdemeanors, option 4 jury, option 5 civil, option 6 collections and option 9 the County Clerk. The records desk also has a direct line, 830-221-1149. For a request for setting in a probate case the county names the Probate Auditor, Michele Styslinger, at 830-221-1186 (verified July 2026). The three county courts at law share 830-221-1180. The County Clerk's recording office is 830-221-1230. Do not use 830-221-1100, which is the main county switchboard
Fax830-608-2021 for the County Court at Law Clerk's Office. The County Clerk's recording office publishes a different fax, 830-620-3410
Email[email protected] for the County Court at Law Clerk's records desk, which handles copies of probate records. The county gives no email address for the probate desk itself and lists it as not available, so probate questions go to 830-221-1240, option 2
Office hoursMonday through Friday, 8 a.m. to 5 p.m., with the lobby closing at 4:30 p.m. and the office closed for lunch daily from noon to 1 p.m., as published by the County Court at Law Clerk's Office (verified July 2026). The County Clerk's recording office publishes the same shape in different words: office hours 8:00 a.m. to 5:00 p.m., public access hours 8:00 a.m. to 4:30 p.m., "While our office remains open until 5:00pm, we stop accepting walk-in visitors at 4:30pm", and closed daily from 12:00 p.m. to 1:00 p.m. Plan a counter visit before 4:30 p.m. and outside the lunch hour
Filing fee$360.00 to open a probate case, and Comal County publishes the arithmetic on its own probate fee schedule: a $137.00 state consolidated fee cited to Local Government Code 133.151 plus a $223.00 local consolidated fee cited to Local Government Code 135.102. Those are the statewide statutory amounts, identical in every Texas county (Local Government Code § 133.151(a)(1) and § 135.102(a)(1), effective January 1, 2022). The same schedule prices an action other than an original action at $120.00 ($45.00 plus $75.00) and lists per-service items including $27.00 to file an inventory and appraisement, $8.00 to issue a document and one copy, $2.00 for each set of letters and a $2.00 judge's signature fee on an order. Citation and service fees are not included: the county states they "must be selected from Optional Services" when you file. The schedule is a scanned document whose only date reference is its "Resolution 2022-10, 2023 Fees of Office" footer, so confirm current amounts on 830-221-1240, option 2, before you file
Local formsA small set, published per court, and none of them is the application. County Court at Law No. 2 and No. 3 each publish a Bond of Executor / Administrator and a Personal Surety Bond; County Court at Law No. 1 publishes a Personal Surety Bond; and all three publish guardianship materials (court instructions for a guardian of the person, guardian's annual accounts and a physician's certificate of medical examination, with No. 2 and No. 3 adding guardian-of-the-estate instructions and a report of guardian ad litem). Texas has no comprehensive statewide set of probate procedure forms and Comal publishes no application, proof of death, order, oath, inventory, small estate affidavit or muniment of title form, so those are drafted documents. The county does publish the statewide fee-waiver form, the Statement of Inability to Afford Payment of Court Costs or an Appeal Bond, on its own fee page
E-filingMandatory for attorneys, and the County Clerk publishes the county's own date: "As of January 1, 2015, Comal County Court At Law, Civil and Probate Departments no longer accept paper filings from attorneys; they must be e-filed." Filing is through eFileTexas.gov. Under the statewide rule an unrepresented party may e-file but is not required to (Texas Rule of Civil Procedure 21(f)(1)), and Comal's notice is written against attorneys only, so a self-represented filer should call the probate desk before filing on paper. Comal enforces a lead-document rule: "Documents: Lead Documents only", and a filing returned for correction is most often returned because "Documents need to be filed as separate lead documents." An original will is exempt from e-filing and must reach the clerk within three business days of the application (Rule 21(f)(12))
Case searchComal County runs its own judicial record search, which the county labels "Criminal, Civil, JP, Probate, and Bond Search", and it publishes the limit in its own words: "The website will only show the case summary information and actions in the case; images of records are not available online." Records may also be viewed free in the clerk's lobby. For documents, Comal is one of the few Texas counties to state its statewide position outright: the clerk's office "is integrated with re: Search TX", and since September 1, 2025 it no longer emails signed orders, directing parties to obtain them from that portal instead. re:SearchTX requires free registration, charges for documents, and states that it provides an unofficial copy and that the clerk of the court is the official custodian of the records; public visibility of a given case type is governed separately by the state technology standards, so confirm anything important with the clerk
Remote appearancePublished by court, and not stated for probate specifically. County Court at Law No. 2 publishes a Zoom arrangement, "Only Parties, Attorneys, and Witnesses will be permitted access through Zoom", with the Court Administrator approving access and issuing the meeting details, and County Court at Law No. 3 publishes a standing Zoom link and meeting identifier on its dockets page. County Court at Law No. 1, which is the court that publishes the weekly probate docket, publishes no remote option for it. Ask the Court Administrator on 830-221-1180 before assuming you can appear remotely at a probate hearing
Websitehttps://www.comalcounty.gov/197/County-Court-at-Law-Clerks-Office (the County Court at Law Clerk's Office, which is the probate filing counter and carries the county's probate filing rules), https://www.comalcounty.gov/202/County-Clerk (the Comal County Clerk) and https://www.comalcounty.gov/214/CCL-Fee-Schedules (the county's civil, criminal and probate fee schedules)

Before you begin — know the assets and liabilities

Before you file anything in New Braunfels, know what is in the estate and what it owes. Which Texas route fits, and whether an administration is needed at all, turns on whether there is a will, who the distributees are, what the assets are worth, and whether there are unpaid debts. Those routes are set by state statute and are the same in all 254 Texas counties; they are explained on the Texas state page. Getting the answer before the first filing matters here because Comal's probate desk is strict about the mechanics: a death certificate is required for every new case, every document has to go in as a separate lead document, an order has to travel in its own envelope, and the county states plainly that an application to probate a will "will not be posted until the original will is received." A filing that arrives in the wrong shape is returned for correction, and a case that starts down the wrong route has to start over.

Identify every bank and credit union account, retirement plan, brokerage holding, life insurance policy, vehicle and parcel of Comal County or out-of-county real property, along with every debt, before you apply. How each asset is titled decides whether it passes through the estate at all: survivorship accounts, accounts with a named beneficiary and land covered by a recorded transfer on death deed pass outside the estate and never reach the court. An accurate list also drives what Comal charges you, because its schedule prices the inventory and appraisement, an application to sell real or personal property and each set of letters separately. Sunset's asset-discovery work, searching more than 2,300 financial institutions, exists for exactly this step, so that the application filed at 199 Main Plaza describes the estate accurately the first time.

Which court handles jurisdiction

The Landa Annex at 199 Main Plaza in New Braunfels is the probate location for the whole of Comal County. The County Court at Law Clerk's Office takes the filing in Suite 1013 and all three county courts at law sit on the first floor of the same building in Suite 1102, with the Comal County Law Library in the basement at B102. The County Clerk keeps branch offices at 160 Oak Drive in Sattler and 30470 Cougar Bend in Bulverde, and a separate recording and vital-statistics counter at 150 N Seguin, Suite 1037 in New Braunfels, but the county routes estates, wills, guardianships and mental health matters to the County Court at Law Clerk's Office, so start there. The court serves every community in the county, including New Braunfels, Bulverde, Garden Ridge, Canyon Lake, Sattler and Spring Branch. Because attorneys file electronically through eFileTexas.gov and settings are requested through the clerk rather than at a counter, most of an uncontested estate can be handled without a trip to the Plaza; the two things that pull you back are the original will and the hearing.

Venue is straightforward for a Comal County resident: you file in the county where the decedent lived, if the decedent had a domicile or fixed place of residence in Texas (Estates Code § 33.001(a)(1)). If the person lived in Comal County, the case belongs here even if they died in a hospital in San Antonio or Austin. For a decedent with no Texas domicile or fixed residence, venue depends on where the death happened and where the estate or the nearest of kin are (§ 33.001(a)(2)).

Which court hears the case is the fact a generic page gets wrong in a county like this one. Comal County has no statutory probate court. It has three statutory county courts, County Court at Law No. 1, No. 2 and No. 3 of Comal County (Government Code § 25.0481), and because the Legislature wrote no probate exception into the Comal provisions, each of them takes the probate jurisdiction that general law gives a statutory county court (Government Code § 25.0003(d)). That jurisdiction is concurrent with, not instead of, the Comal County Court: in a county with a county court at law exercising original probate jurisdiction and no statutory probate court, the two courts "have concurrent original jurisdiction of probate proceedings" (Estates Code § 32.002(b)). The county says the same thing from its own side. Each court's page states that the courts at law have jurisdiction in probate and guardianship matters, and the county's County Judge page states that the County Judge "may consider some juvenile, probate and mental competency cases" while "in Comal County, the primary function of the Judge is to be the presiding officer of the Commissioners Court." In practice that means your estate is heard by one of the three courts at law, but the county publishes no rule for which one, so ask on 830-221-1240, option 2.

If a matter in the proceeding becomes contested, the mechanism in a county court at law county is a transfer, and it is not the same provision that applies in a county with only a constitutional county court. Under Estates Code § 32.004(a), in a county in which there is no statutory probate court but in which there is a county court at law exercising original probate jurisdiction, when a matter in a probate proceeding is contested the judge of the county court may, on the judge's own motion, or shall, on the motion of any party to the proceeding, transfer the contested matter to the county court at law. The judge of the county court may also transfer the entire proceeding to the county court at law (§ 32.004(b)). Because Comal's estates are already before a county court at law in the ordinary case, the practical effect is that a contest stays inside the Landa Annex with a judge who is a licensed attorney, rather than being sent out to a district court. The Comal County District Clerk and the district courts handle family law and district matters and do not take a decedent's estate.

The jurisdiction process

  1. Confirm the route and gather the documents. Collect the original signed will if there is one, a certified copy of the death certificate, the names and addresses of the people who inherit, and a list of assets and debts with values. Comal requires the death certificate up front: the county's probate instructions state, "A Death certificate is needed for all new cases." A person named in a will to settle the estate is an executor; a person appointed by the court where there is no will, or where no named executor qualifies, is an administrator; the Texas Estates Code's umbrella term for either is personal representative.
  2. Draft the papers yourself or with an attorney. Texas has no comprehensive statewide set of probate procedure forms and Comal County publishes no application, proof of death and other facts, order, oath or inventory form, so those are drafted documents. What the county does publish is a Bond of Executor / Administrator and a Personal Surety Bond on its County Court at Law Forms page, plus guardianship instructions and accounting forms. Comal also requires a complete signature block: for an unrepresented filer the county asks for full name, address, phone number and email, and it lists a missing signature block as a standard reason for returning a filing.
  3. E-file the application through eFileTexas.gov, as separate lead documents. Attorneys must e-file in probate matters, and the Comal County Clerk publishes the county's date: "As of January 1, 2015, Comal County Court At Law, Civil and Probate Departments no longer accept paper filings from attorneys; they must be e-filed." The county's own rule is stricter than the statewide baseline: "Documents: Lead Documents only", a cover letter is "File as a lead document", and the most common reason the office returns a filing for correction is that "Documents need to be filed as separate lead documents." An unrepresented party may e-file but is not required to under Texas Rule of Civil Procedure 21(f)(1); Comal's notice speaks only to attorneys, so call 830-221-1240, option 2, before attempting a paper filing.
  4. Deliver the original will to the clerk within three business days. This is statewide and there is no electronic substitute: when a party electronically files an application to probate a document as an original will, the original will must be filed with the clerk within three business days after the application is filed (Texas Rule of Civil Procedure 21(f)(12)). Comal repeats it and adds a consequence of its own: "Will / Codicil: Original must be filed within 3 business days after e-filing the Application to Probate. The Application to Probate will not be posted until the original will is received." Take or send the wet-ink original to the County Court at Law Clerk's Office, 199 Main Plaza, Suite 1013, New Braunfels, TX 78130.
  5. Pay the filing fee and select the service items. Comal's own probate fee schedule prices a new probate case at $360.00, itemized as a $137.00 state consolidated fee (Local Government Code § 133.151(a)(1)) plus a $223.00 local consolidated fee (§ 135.102(a)(1)), the statewide statutory amounts effective January 1, 2022. Citation and service are extra and are not bundled: the county states that "Citation and service fees are not included in initial case filing fees, and must be selected from Optional Services", and that when you request issuance you must "select the appropriate fee associated with the document." If you are unsure, the county's instruction is to "Call the office if you are not sure what fees are needed." A filer who cannot afford the cost files a Statement of Inability to Afford Payment of Court Costs, the statewide form required by Texas Rule of Civil Procedure 145, which Comal publishes on its own fee page.
  6. Request a setting through the clerk. Comal publishes the procedure step by step: "The basic procedure is to e-file the Notice of Hearing. We will forward it to the Probate Coordinator, the Notice will be signed and sent back to us, and we will accept it. Once it is accepted, you will receive notification through your provider that it has been accepted, and you can go to the link they provide and print out a copy, and, if necessary, send it to the other parties." For a probate setting the county directs you to contact the Probate Auditor, Michele Styslinger, on 830-221-1186. County Court at Law No. 1 publishes a weekly probate docket, Wednesdays at 9 a.m.
  7. Have citation issued and served or posted. When an application to probate a will is filed, the clerk issues a citation to all parties interested in the estate, served by posting at the courthouse (Estates Code § 258.001), and the court cannot grant letters until citation has been served and returned in the manner and for the period the statute requires (§ 301.151). Comal prices issuing a document and one copy at $8.00 and asks filers to "provide a cover letter as a lead document detailing your instructions for service", so say plainly how you want service handled and include the fee with the filing.
  8. Attend the hearing in the Landa Annex. The county courts at law sit on the first floor of 199 Main Plaza, and the county publishes a courtroom etiquette and dress standard for all of its courts: be punctual, no shorts, bare midriffs, sunglasses, hats, swimwear, sandals or clothing that shows undergarments, no audible phones, and stand when the judge enters or leaves. Remote appearance is published by court rather than by case type, so ask the Court Administrator on 830-221-1180 whether a Zoom appearance is available in your court before you plan around one.
  9. Collect the letters and the signed order. On an admitted will the court grants Letters Testamentary to a qualifying executor (Estates Code § 306.001); where there is no will, or no named executor qualifies, it grants Letters of Administration (§ 306.002). Comal charges $2.00 for each set (its schedule lists Letters Testamentary, Letters of Guardianship and Letters of Administration together), so order enough for every bank, transfer agent and title company the estate has to deal with. Two Comal mechanics matter here: an order carries a $2.00 judge's signature fee and "All orders must be filed in a separate envelope from any pleading", and since September 1, 2025 the clerk no longer emails signed orders, directing parties to obtain them from re:SearchTX instead.
  10. Administer the estate and file what the statute requires. The steps that follow, including notice to beneficiaries after an order admitting a will (§ 308.002), the published notice to creditors within one month of receiving letters (§ 308.051), notice to secured creditors within two months (§ 308.053), and the inventory, which must be filed with the court clerk before the 91st day after the personal representative qualifies unless the court grants longer (§ 309.051(a)), are set by state statute and apply the same way in every Texas county. File them with the County Court at Law Clerk's Office; Comal prices the inventory and appraisement at $27.00 and an annual or final account at $27.00. Where the estate runs as an independent administration, the court's involvement after the appointment order and the inventory is deliberately minimal (Estates Code chapters 401 to 405).

Forms and documents

Probate forms in Comal County

Comal County publishes a small set of local probate documents, and the important thing to understand is what is not in it. There is no county application to probate a will, no proof of death and other facts, no proposed order, no oath, no inventory template, no small estate affidavit and no muniment of title form. Texas as a whole has no comprehensive statewide set of probate procedure forms either: the Texas Judicial Branch forms page carries will forms, a transfer on death deed kit and civil forms in this area, and the Supreme Court of Texas has not promulgated a small estate affidavit form or a muniment of title form under Government Code § 22.020(b)(1) (Estates Code chapters 205 and 257). In a Comal County estate those documents are drafted by you or your attorney.

What the county does publish sits on its County Court at Law Forms page, organised by court rather than by subject. Under the Probate heading, County Court at Law No. 2 and County Court at Law No. 3 each publish a Bond of Executor / Administrator and a Personal Surety Bond; County Court at Law No. 1 publishes a Personal Surety Bond. All three publish guardianship materials, including court instructions for a guardian of the person, a guardian's annual account in both financial and person versions and a physician's certificate of medical examination; County Court at Law No. 2 and No. 3 also publish court instructions for a guardian of the estate, a Bond of Guardian and a report of guardian ad litem. Because the forms are posted per court, check which court your case is in before you download one, and note the county's own bond rule: an original bond "must be filed with the court within 5 business days; an e-file copy is not sufficient", and "All bonds have a filing fee of $7 (Bond is $5, Judge's signature is $2)."

Two more documents are worth having open before you file. The county's probate fee schedule tells you what to select and what to pay, line by line, and the County Court at Law Clerk's records request form is the route to copies of anything already on file. The one genuinely statewide procedural form a Comal County filer may need is the Statement of Inability to Afford Payment of Court Costs or an Appeal Bond, required by Texas Rule of Civil Procedure 145, which the county publishes on its own fee page alongside the schedules.

ResourceWhat it provides
Comal County Court at Law forms (comalcounty.gov)The county's form library, organised by court. Under Probate: Bond of Executor / Administrator (County Court at Law No. 2 and No. 3), Personal Surety Bond (all three courts), and guardianship instructions, annual accounts, physician's certificate and guardian ad litem report
Bond of Executor / Administrator, County Court at Law No. 2 (comalcounty.gov)An example of the per-court bond forms. An original bond must reach the court within five business days and an e-filed copy is not sufficient, and the county prices a bond at $7.00, being $5.00 for the bond and $2.00 for the judge's signature
Comal County probate fee schedule (comalcounty.gov)The line-by-line probate fee schedule, keyed to the statutes behind it, including the $360.00 new case fee split into $137.00 state and $223.00 local consolidated fees. It is a scanned document with no printed effective date beyond its Resolution 2022-10 footer
Statement of Inability to Afford Payment of Court Costs or an Appeal Bond (comalcounty.gov)The statewide fee-waiver form required by Texas Rule of Civil Procedure 145, published by Comal County on its own fee page for civil and probate cases
County Court at Law Clerk's records request form (comalcounty.gov)The written form the county requires for copies of probate records, with its published fees: $1.00 per printed page, $5.00 per certification on paper, $1.00 for an electronic document of 10 pages or less and $0.10 per page after that
Texas Judicial Branch court forms (txcourts.gov)The statewide forms that do exist, including the Statement of Inability to Afford Payment of Court Costs and the Supreme Court of Texas will forms. There is no statewide application, order, oath or inventory form

Fees

Comal County publishes a probate fee schedule that itemizes the charges and cites a statute on almost every line, which is unusual and useful. The figures below are read from that schedule, which the county posts as a scanned document footed "Resolution 2022-10, 2023 Fees of Office" and which carries no separately printed effective date. The base amounts on it are the current statutory ones, so the header year does not make it stale, but confirm anything load-bearing with the probate desk on 830-221-1240, option 2, before you file.

ItemAmountAuthority or source
Opening a probate case$360.00The statewide statutory base fee, identical in every Texas county: a $223 local consolidated fee (Local Government Code § 135.102(a)(1)) plus a $137 state consolidated fee (§ 133.151(a)(1)), both effective January 1, 2022. Comal County's probate fee schedule prints the same split and cites the same two statutes
Action other than an original action$120.00Comal County's probate fee schedule, matching the statute: $75 under Local Government Code § 135.102(a)(2) plus $45 under § 133.151(a)(2). This covers a later contest, an adverse probate action or an intervention seeking affirmative relief
Inventory and appraisement, including the signature fee$27.00Comal County's probate fee schedule, under additional services and fees (Local Government Code § 118.052)
Annual or final account$27.00Comal County's probate fee schedule (Local Government Code § 118.052)
Application for sale of real or personal property, including the signature fee$27.00Comal County's probate fee schedule (Local Government Code § 118.052)
Judge's signature fee on an order$2.00Comal County's probate fee schedule, which cites Local Government Code 118.101. The county adds that all orders must be filed in a separate envelope from any pleading, and that an order is a subsequent filing rather than part of the initial filing
Letters Testamentary or Letters of Administration$2.00 eachComal County's probate fee schedule, matching the statutory per-document fee the county clerk collects (Local Government Code § 118.061). Order enough sets for every institution the estate deals with
Issuing a document and one copy, including a citation$8.00Comal County's probate fee schedule, matching the statutory issuing-document fee (Local Government Code § 118.059). The county states that citation and service fees are not included in the initial filing fee and must be selected from optional services
Approving and recording a bond, including the signature fee$7.00Comal County's probate fee schedule, and the county explains the split on its filing-rules page: "All bonds have a filing fee of $7 (Bond is $5, Judge's signature is $2)"
Administering an oath$2.00Comal County's probate fee schedule (Local Government Code § 118.052)
Claim against the estate$10.00Comal County's probate fee schedule, matching the statutory fee payable by the claimant (Local Government Code § 118.058)
Depositing a will for safekeeping$5.00Comal County's probate fee schedule, matching the statutory fee (Local Government Code § 118.062)
Any probate document longer than 25 pages$25.00Comal County's probate fee schedule. This is a Comal line item to watch on a long application or a long inventory
Copies of documents on file$1.00 per printed page; $1.00 for an electronic document of 10 pages or less, then $0.10 per page; $5.00 per certification on paperComal County's probate fee schedule and the County Court at Law Clerk's published records fees. Electronic copies cannot be certified, and the clerk's records form notes a search charge of up to $18.75 per hour where a search is needed
Paying by card2.85 percent convenience feeThe County Court at Law Clerk's Office states that the surcharge is charged by Certified Payments and paid directly to it, not to the county. Cash, check and money order are also accepted
Returned check$30.00Comal County's probate fee schedule, citing Local Government Code 118.141
Electronic filing chargesSet by the vendor, not by Comal CountyFiling through eFileTexas.gov carries the electronic filing service provider's own charge and any card surcharge, on top of the court costs above. Comal County publishes no county electronic filing fee of its own
If you cannot afford the feeNo costFile a Statement of Inability to Afford Payment of Court Costs or an Appeal Bond, the statewide form required by Texas Rule of Civil Procedure 145, which Comal County publishes on its own fee page. The court must waive the electronic filing fee for a person it determines is indigent (Government Code § 72.031(f))

Two cautions. The $360.00 base is fixed by statute and is the same in all 254 Texas counties, so a Comal total materially above it is a total that includes issuance, service, publication or ad litem items, not a different filing fee. And the county's separate County Clerk fee schedule, revised July 22, 2025, covers recording, land records and vital statistics rather than probate; do not use it to price an estate filing.

Timeline

Comal County publishes how a probate setting is obtained and when its probate docket runs, but it publishes no interval between filing and hearing. The sequence below is the county's own, in the county's own order; do not read a wait time into it.

  1. The application is e-filed through eFileTexas.gov with a death certificate and with every document as a separate lead document. The county states that a death certificate "is needed for all new cases."
  2. The original will reaches the clerk within three business days (Texas Rule of Civil Procedure 21(f)(12)). Until it does, nothing moves: "The Application to Probate will not be posted until the original will is received."
  3. A setting is requested by e-filing a Notice of Hearing. The county describes the route: "We will forward it to the Probate Coordinator, the Notice will be signed and sent back to us, and we will accept it." For a probate setting the county directs filers to the Probate Auditor, Michele Styslinger, on 830-221-1186.
  4. Acceptance comes back through your electronic filing service provider, not by email from the clerk: "Once it is accepted, you will receive notification through your provider that it has been accepted, and you can go to the link they provide and print out a copy, and, if necessary, send it to the other parties."
  5. The hearing is held in the Landa Annex at 199 Main Plaza. County Court at Law No. 1 publishes a weekly probate docket, Wednesdays at 9 a.m.; County Court at Law No. 2 and No. 3 publish dockets and Zoom arrangements but no probate docket day, so confirm the day for your court.
  6. The signed order is obtained from re:SearchTX. Since September 1, 2025 the clerk's office has discontinued e-serving or emailing court orders and notices of court orders and directs all parties to that portal. Comal publishes no filing-to-hearing interval and no counter wait, so ask the probate desk on 830-221-1240, option 2, what the next available setting looks like.

Local nuance

Comal County-specific considerations

Two buildings, and the wrong one costs you a morning. The Comal County Clerk runs its recording, land records and vital-statistics counter at 150 N Seguin, Suite 1037, and its County Court at Law Clerk's Office, which is the probate counter, at 199 Main Plaza, Suite 1013, in the Landa Annex on the Main Plaza. The three county courts at law are on the first floor of the same Main Plaza building and the county law library is in its basement, so once you are at 199 Main Plaza everything probate is under one roof. The Commissioners Court, where the County Judge presides, is at 100 Main Plaza and is not where estates are filed.

Everything goes in as a lead document, and an order travels alone. This is the Comal rule that most often causes a returned filing, and the county states it three separate ways: "Documents: Lead Documents only", "Cover Letters: File as a lead document", and, in its list of reasons a filing comes back, "Return for Correction (Most Common) Documents need to be filed as separate lead documents." On top of that, orders are handled separately: "All orders must be filed in a separate envelope from any pleading due to fees with New Pleadings, Inventories, Annual Accounts, and Annual Reports", and "Orders: Are only filed as a Subsequent filing, not as an Initial." A filer who attaches the will to the application, or bundles the proposed order into the same envelope as the pleading, will have the envelope bounced.

The original will is a gate, not a formality. The statewide rule is that the original must reach the clerk within three business days of the electronic application (Texas Rule of Civil Procedure 21(f)(12)). Comal attaches a consequence the statute does not spell out: "The Application to Probate will not be posted until the original will is received." So the case does not begin to move, and a setting cannot usefully be requested, until the wet-ink will is physically at 199 Main Plaza, Suite 1013.

Settings run through the clerk and a named probate auditor. Comal does not run a self-scheduling portal for estates. You e-file a Notice of Hearing, the clerk forwards it to the Probate Coordinator, it comes back signed and is accepted, and your notification arrives through your electronic filing service provider rather than by email from the office. For a probate setting the county names the Probate Auditor, Michele Styslinger, at 830-221-1186 (verified July 2026), and County Court at Law No. 1 publishes a weekly probate docket at 9 a.m. on Wednesdays. No filing-to-hearing interval is published anywhere, so ask rather than assume.

Signed orders now come from re:SearchTX, and that is a September 2025 change worth planning around. The County Court at Law Clerk publishes a formal notice: "Pursuant to Texas Rules of Civil Procedure 21(f)(10), the Comal County Clerk's Office is integrated with re: Search TX, an approved electronic filing and service system. Effective September 1, 2025, the Clerk's Office will discontinue the practice of e-serving or emailing Court Orders and Notices of Court Orders. All parties will be directed to obtain such documents directly through re: Search TX." If you are settling an estate from out of town, register on that portal before your hearing rather than waiting for an order to land in your inbox, and remember that the portal charges for documents and supplies an unofficial copy, with the clerk remaining the official custodian.

Fees are itemized, and the citation is not in the base. Comal's schedule prices the case at $360.00 and then charges separately for issuance, bonds, oaths, inventories, accounts and long documents, and the county warns filers directly: "Citation and service fees are not included in initial case filing fees, and must be selected from Optional Services", and "Call the office if you are not sure what fees are needed." Insufficient fees are on the county's published list of reasons a filing is returned for correction, so it is cheaper to call than to guess.

Three courts, no published assignment rule, and the County Judge is not out of the picture as a matter of law. Comal County has County Court at Law No. 1, No. 2 and No. 3 (Government Code § 25.0481), each holding probate jurisdiction concurrent with the Comal County Court (Estates Code § 32.002(b); Government Code § 25.0003(d)). The county publishes no rule for which court gets which estate, and the three publish different things: No. 1 publishes the weekly probate docket, No. 2 and No. 3 publish the executor and administrator bond form, and No. 2 and No. 3 publish Zoom arrangements. Ask the probate desk which court your case is in before you rely on a form or a docket day, and note the county's own e-filing pages cite a Supreme Court order that has since been superseded and vacated; the controlling order on attorney e-filing is Misc. Docket No. 13-9164, signed December 9, 2013.

Recent updates

ChangeWhat it means in Comal County
The clerk stopped e-serving and emailing court orders, effective September 1, 2025The County Court at Law Clerk publishes an official notice of procedural change: the Comal County Clerk's Office is integrated with re:SearchTX, and from September 1, 2025 it discontinued the practice of e-serving or emailing court orders and notices of court orders, directing all parties to obtain those documents from that portal instead. Register on re:SearchTX before your hearing, and budget for its per-document charges
A third county court at law, in the section as amended effective September 1, 2019Government Code § 25.0481, as last amended effective September 1, 2019, lists County Court at Law No. 1, No. 2 and No. 3 of Comal County. All three hold probate jurisdiction concurrent with the Comal County Court (Estates Code § 32.002(b); Government Code § 25.0003(d)), so a Comal estate can be before any of the three and the court-specific forms and dockets differ
The County Clerk's recording and vital-statistics fee schedule was revised July 22, 2025That schedule carries a printed revision date and covers recording, land records, plats and vital statistics, not probate. Probate charges are on the separate County Court at Law probate fee schedule, which carries no printed effective date beyond its Resolution 2022-10 footer, so confirm probate amounts with the probate desk

Page last reviewed: July 2026.

Scenarios

SituationLikely path in Comal CountyWhere Sunset helps
Surviving spouse, co-owned homeIf the New Braunfels or Canyon Lake home was held with a right of survivorship or passed under a recorded transfer on death deed, it goes to the survivor outside the estate and no court is involved in the house itself. Where other assets stood in the decedent's sole name, the spouse applies to a Comal county court at law, which shares original probate jurisdiction with the Comal County Court (Estates Code § 32.002(b)). The application, a copy of the will and any cover letter go in as separate lead documents through eFileTexas.gov with a death certificate, the wet-ink original will follows to the County Court at Law Clerk's Office at 199 Main Plaza, Suite 1013, within three business days (Texas Rule of Civil Procedure 21(f)(12)), and a setting is requested by e-filing a Notice of Hearing. Budget the $360.00 statutory base (Local Government Code § 135.102(a)(1) and § 133.151(a)(1)) plus Comal's separate issuance and service items, and $2.00 for each set of letters.Asset discovery to establish how the home and the accounts are titled and what actually has to reach the court. Packet generation for the Comal County filing, drafted to the county's lead-document rule and its signature-block requirements. A vetted attorney referral if title or a claim turns out to be disputed.
Out-of-state adult child, small estateMost of this can be done from out of state. Attorneys have had to e-file in Comal probate matters since January 1, 2015 per the County Clerk's own notice, and an unrepresented party may e-file but is not required to under Texas Rule of Civil Procedure 21(f)(1); the county's notice speaks only to attorneys, so call 830-221-1240, option 2, before filing on paper. Whether a court filing is needed at all depends on the assets and whether there is a will, and those routes are statewide. Two things still tie you to New Braunfels: the original will must physically reach the clerk within three business days of the application, and the county will not post the application until it arrives. Register on re:SearchTX early, because since September 1, 2025 the clerk no longer emails signed orders.Asset discovery to size the estate from out of state and confirm which route fits before anyone books a flight. Packet generation so the filing is accepted the first time rather than returned for correction. Attorney referral where a hearing in New Braunfels makes local counsel the practical answer.
Parent settling a predeceased child's estate, home must be soldSelling real property means someone needs the authority document, so this goes through an administration in a Comal county court at law. The parent applies with a death certificate, the clerk routes a Notice of Hearing to the probate coordinator, and at the hearing the court appoints the personal representative and grants Letters of Administration (Estates Code § 306.002), or Letters Testamentary if there is a will (§ 306.001). Order several sets at $2.00 each, because a title company will want a recent set. If a bond is required, Comal wants the original bond at the court within five business days and charges $7.00 to approve and record it. The inventory follows, filed with the County Court at Law Clerk's Office before the 91st day after the representative qualifies (§ 309.051(a)), at $27.00, and an application to sell real property is another $27.00.Asset discovery for the child's accounts, insurance and real property. Packet generation for the administration, the bond and the inventory. Attorney referral where a sale, a mortgage payoff or a disagreement among heirs makes counsel worthwhile, which matters here because a contested matter is transferred to a county court at law under Estates Code § 32.004.

Self-help resources

ResourceWhat it offers
Comal County Court at Law Clerk's Office (comalcounty.gov), 830-221-1240, option 2The probate filing counter: the Suite 1013 address, the phone tree, the county's probate filing rules on lead documents, orders, bonds, citations and fees, the records fees, and the September 1, 2025 notice about obtaining signed orders from re:SearchTX. Clerk staff can explain procedure and what the counter needs, and the county states plainly that the office cannot give legal advice
County Court at Law No. 1 court schedule (comalcounty.gov)The only published probate docket day in the county: "Wednesday: Probate Docket - 9 am." The equivalent pages for County Court at Law No. 2 and No. 3 carry those courts' dockets and their Zoom arrangements
Comal County Court at Law fee schedules (comalcounty.gov)The county's civil, criminal and probate fee schedules, plus the Statement of Inability to Afford Payment of Court Costs or an Appeal Bond for civil and probate cases
Comal County Law Library (comalcounty.gov), 830-221-1249A public law library in the basement of the same building as the courts, at 199 Main Plaza, B102, open Monday through Wednesday 8:00 a.m. to 3:30 p.m. and Thursday 8:00 a.m. to 2:30 p.m., closed Friday. It provides Lexis and Westlaw for public access and free printing and copies, and the county notes that the law librarian is not an attorney and cannot give legal advice. Parking at the Landa courthouse is free and the library is reached by the first-floor stairway or elevator
Comal County law library legal resource links (comalcounty.gov)The library's own curated list of legal research and self-help links, which includes the Texas State Law Library, TexasLawHelp, Texas RioGrande Legal Aid, the Texas Legal Services Center and a transfer on death deed toolkit
eFileTexas.govRegistration for the statewide electronic filing system, the list of certified electronic filing service providers, and filing instructions. This is where a Comal County probate application is filed
re:SearchTX (research.txcourts.gov)The statewide court records portal, run by the Office of Court Administration with Tyler Technologies, and now the route to signed orders in a Comal County case. Free registration is required, documents are charged for, and the portal states that it provides an unofficial copy and that the clerk of the court is the official custodian
Comal County judicial record search (public.co.comal.tx.us)The county's own case search, which it labels "Criminal, Civil, JP, Probate, and Bond Search". The county states that it shows case summary information and actions only, and that images of records are not available online; records may be viewed free in the clerk's lobby
Texas State Law Library probate research guide (guides.sll.texas.gov), (844) 829-2843 toll free in TexasThe strongest government self-help source for Texas probate, from a state agency: general information, probating a will, when there is no will, executors, formal administration, informal methods and legal forms. The library's own caveat is that it cannot tell you what the law means for your situation
TexasCourtHelp.govGeneral information and videos about making your way through the Texas court system. The Comal County Clerk links this site from its own pages as self-help
TexasLawHelp.org, wills, estate planning and probate (texaslawhelp.org)Plain-language Texas probate articles and self-help toolkits from the Texas Legal Services Center, a non-profit. Useful for orientation; it is not a court site and its materials are not court-approved forms
Texas RioGrande Legal Aid (trla.org), (956) 996-8752 or toll free (833) 329-8752Free civil legal help for eligible low-income residents. TRLA names Comal in its own 68-county service list and the county law library links it as well; its nearest office is in San Antonio at 9501 Console Dr. Phone lines are open weekdays 9:00 a.m. to 5:00 p.m. Central. Confirm it can take a decedent's estate matter before relying on it
State Bar of Texas Lawyer Referral and Information Service (texasbar.com), (800) 252-9690Referrals to Texas attorneys, Monday through Friday 8:30 a.m. to 4:30 p.m. Central, Spanish spoken. The initial consultation is capped at $20 for 30 minutes. It is a referral service, not a reduced-fee or pro bono program
Lawyer Referral Service of Central Texas (austinlrs.com), (512) 472-8303 or (866) 303-8303A referral service the Comal County Law Library links from its own resource page. It publishes a free first consultation of up to 30 minutes, with any further fees arranged between you and the lawyer, and states that it does not offer pro bono or free attorneys
Texas law libraries directory (guides.sll.texas.gov)The Texas State Law Library's curated directory, which lists the Comal County Law Library at 199 Main Plaza, Ste. B102, New Braunfels, (830) 221-1249. The directory is curated rather than exhaustive, so contact a library directly about public access
Texas Estates Code (statutes.capitol.texas.gov)The statute itself, including the court structure provisions in chapter 32, venue in chapter 33, letters in chapter 306, notices in chapter 308 and the inventory in chapter 309

When to hire an attorney

Uncontested Comal County estates are handled without a lawyer every month, and the county's probate desk publishes enough procedure for a careful person to follow it, including what an unrepresented filer must put in a signature block. Counsel earns its keep here when a will or an appointment is likely to be challenged, when there is no will and the heirs have to be determined, when real property has to be sold or divided, when the estate is insolvent or a creditor is pressing, when a business or out-of-state property is involved, or when a guardianship has to run alongside the estate. Three local factors weigh in favor of an attorney more than they would elsewhere. Comal publishes no application, order, oath or inventory form, so every substantive document is drafted from scratch. The county's filing mechanics are exacting, and its own published list of reasons a filing is returned for correction is led by documents that were not filed as separate lead documents. And the contested-matter route matters: if a matter becomes contested, the judge of the county court may on the judge's own motion, and shall on the motion of any party, transfer the contested matter, or the entire proceeding, to a county court at law (Estates Code § 32.004). County Court at Law Clerk staff can explain procedure but cannot give legal advice, and the county law librarian is not an attorney either. Sunset can connect families to a vetted Texas probate attorney serving Comal County and the New Braunfels area.

How Sunset helps

Find the accounts and assets. Sunset searches more than 2,300 financial institutions and public records to surface bank and credit union accounts, retirement plans, brokerage holdings, life insurance, Comal County real property and unclaimed property, so you know what the estate holds and which estate settlement route fits before anything is filed in New Braunfels.

Generate the probate packet. Sunset assembles the paperwork for your route, drafted to Comal County's own requirements, including the separate lead documents its clerk requires in the eFileTexas.gov envelope and the signature-block detail the county asks for, ready to file with the County Court at Law Clerk's Office.

Find a local probate attorney. When a matter is contested or otherwise calls for counsel, Sunset connects families to a vetted Texas probate attorney serving Comal County.

Sunset is free for families. Revenue comes from bank partners that pay Sunset while estate funds sit in an FDIC-insured estate account ($3M coverage).

Frequently asked questions

Where do I file for probate in Comal County?

With the Comal County Clerk, at its County Court at Law Clerk's Office, 199 Main Plaza, Suite 1013, New Braunfels, TX 78130, in the Landa Annex on the Main Plaza. Do not go to the County Clerk's recording office at 150 N Seguin, Suite 1037, which handles land records and vital statistics rather than estates. The case is heard by one of the three Comal county courts at law, County Court at Law No. 1, No. 2 or No. 3 of Comal County (Government Code § 25.0481), which share original probate jurisdiction with the Comal County Court, the constitutional county court presided over by the elected County Judge (Texas Estates Code § 32.002(b)); Comal County has no statutory probate court. The county publishes no rule for how estates are divided among the three courts, and the three publish different things: No. 1 publishes a weekly probate docket at 9 a.m. on Wednesdays, while No. 2 and No. 3 publish the Bond of Executor / Administrator form and Zoom arrangements, so call 830-221-1240, option 2, to find out which court your case is in. File in Comal County if the decedent lived here and had a domicile or fixed place of residence in Texas (§ 33.001(a)(1)).

Is e-filing required for probate in Comal County?

For attorneys, yes, and the county publishes its own date: "As of January 1, 2015, Comal County Court At Law, Civil and Probate Departments no longer accept paper filings from attorneys; they must be e-filed." Filing goes through eFileTexas.gov. Under the statewide rule an unrepresented party may e-file but is not required to (Texas Rule of Civil Procedure 21(f)(1)), and Comal's notice is addressed to attorneys, so if you are filing without a lawyer, call the probate desk on 830-221-1240, option 2, and ask what the office will accept. Whichever way you file, note Comal's own rule: every document must be a separate lead document, and the county lists bundled documents as the most common reason a filing is returned for correction.

What do I do with the original will in Comal County?

You e-file a copy of the will as a separate lead document with the application, then get the wet-ink original to the clerk. The statewide rule is that when a party electronically files an application to probate a document as an original will, the original will must be filed with the clerk within three business days after the application is filed (Texas Rule of Civil Procedure 21(f)(12)). Comal adds a consequence: "The Application to Probate will not be posted until the original will is received." Deliver or send it to the County Court at Law Clerk's Office, 199 Main Plaza, Suite 1013, New Braunfels, TX 78130. There is no electronic way to satisfy this.

When is the probate docket in Comal County, and how do I get a hearing date?

County Court at Law No. 1 publishes a weekly probate docket at 9 a.m. on Wednesdays; County Court at Law No. 2 and No. 3 publish dockets but no probate docket day. You do not set the date yourself. The county's procedure is to e-file a Notice of Hearing, which the clerk forwards to the Probate Coordinator; once it is signed and accepted, your electronic filing service provider notifies you and gives you the link to print a copy. For a probate setting the county directs you to the Probate Auditor, Michele Styslinger, on 830-221-1186. No filing-to-hearing interval is published, so ask the probate desk what the next available setting looks like.

Can I appear remotely at a probate hearing in Comal County?

Ask first, because the county publishes remote arrangements by court rather than by case type. County Court at Law No. 2 states that "Courtroom A is open to the public" and that "Only Parties, Attorneys, and Witnesses will be permitted access through Zoom", with the Court Administrator approving access and issuing the meeting details, and County Court at Law No. 3 publishes a standing Zoom link and meeting identifier on its dockets page. County Court at Law No. 1, which publishes the weekly probate docket, publishes no remote option for it. The courts share 830-221-1180, and the Court Administrator is the person to ask.

How much does it cost to file probate in Comal County?

$360.00 to open the case. Comal County's own probate fee schedule prints the split: a $137.00 state consolidated fee cited to Local Government Code 133.151 and a $223.00 local consolidated fee cited to Local Government Code 135.102, which are the statewide statutory amounts effective January 1, 2022 and are the same in every Texas county. On top of the base, Comal charges separately for the things you actually need: $8.00 to issue a document and one copy, $2.00 for each set of letters, $2.00 for a judge's signature on an order, $7.00 to approve and record a bond, $27.00 for the inventory and appraisement and $27.00 for an annual or final account. Citation and service fees are not in the base and must be selected from optional services when you file. A later contested or adverse probate action is $120.00. If you cannot afford the cost, file a Statement of Inability to Afford Payment of Court Costs or an Appeal Bond (Texas Rule of Civil Procedure 145), which the county publishes on its fee page.

Are there local probate forms in Comal County?

A few, published by court, and none of them is the application. County Court at Law No. 2 and No. 3 each publish a Bond of Executor / Administrator and a Personal Surety Bond, County Court at Law No. 1 publishes a Personal Surety Bond, and all three publish guardianship instructions, guardian's annual accounts and a physician's certificate of medical examination, with No. 2 and No. 3 adding a report of guardian ad litem. There is no Comal application to probate a will, no proof of death and other facts, no order, no oath, no inventory template and no small estate affidavit form, and Texas has no comprehensive statewide set of probate procedure forms either, so those are drafted documents. If a bond is required, note that Comal wants the original bond at the court within five business days and that an e-filed copy is not sufficient.

How do I look up a Comal County probate case online?

Comal County runs its own judicial record search, which it labels "Criminal, Civil, JP, Probate, and Bond Search", but the county is explicit about its limit: "The website will only show the case summary information and actions in the case; images of records are not available online." Records can be viewed free in the clerk's lobby, and copies are ordered on the clerk's written records request form at $1.00 per printed page, $5.00 per certification on paper, or $1.00 for an electronic document of 10 pages or less. For documents in an e-filed case, the county now points you to re:SearchTX: the clerk states that its office is integrated with that portal and, since September 1, 2025, no longer emails court orders. re:SearchTX requires free registration, charges for documents, and supplies an unofficial copy, with the clerk remaining the official custodian.

What happens if someone contests the will in Comal County?

It goes to a county court at law, not to a district court. In a county with no statutory probate court but with a county court at law exercising original probate jurisdiction, when a matter in a probate proceeding is contested the judge of the county court may, on the judge's own motion, or shall, on the motion of any party to the proceeding, transfer the contested matter to the county court at law, and may also transfer the entire proceeding there (Estates Code § 32.004). Comal has three such courts, each presided over by a licensed attorney, so a contest stays in the Landa Annex rather than being sent out. A contested or adverse probate action carries its own $120.00 fee on the county's schedule.

Do I have to travel to New Braunfels to settle an estate in Comal County?

Less than you might think, but not zero. Applications are filed electronically through eFileTexas.gov, settings are requested through the clerk, and signed orders are obtained from re:SearchTX rather than collected at a counter. Two things are physical: the original will has to reach the County Court at Law Clerk's Office at 199 Main Plaza, Suite 1013, within three business days of the application, and the county will not post the application until it does; and the hearing is held in the Landa Annex unless the court allows a remote appearance, which is published by court and not for the probate docket. The counter is open Monday through Friday, 8 a.m. to 5 p.m., with the lobby closing at 4:30 p.m. and a daily closure from noon to 1 p.m.

Shaped by the families we've helped

Thank you to the thousands of families who have trusted Sunset to help settle their loved ones' estates. This page is shaped by the questions they actually asked and the obstacles they actually hit — and that hard-won experience is what keeps it accurate, current, and genuinely useful to the families who come next.

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