Kendall County Probate Attorney: Navigating Estate Administration In Boerne, Texas
Losing a family member brings significant emotional challenges, often followed closely by the complex legal responsibility of managing their estate. When a Boerne or Fair Oaks Ranch resident passes away, the family must navigate the local court system to prove the will before they can sell a ranch, retitle a family home or close probate accounts.
Attorney Jon R. Disrud at the Law Office of Jon R. Disrud provides dedicated legal guidance for independent and dependent administrations throughout Kendall County and the surrounding Hill Country to help families in this exact position. Practicing since 1994, he brings decades of experience to the table, backed by a disciplined history of service as a retired lieutenant colonel and former judge advocate in the U.S. Air Force Reserve.
Probating A Will In Boerne: The Kendall County Court Process And Filing Requirements
An executor who wants to probate a will in Kendall County, Texas, submits an application to the Kendall County Clerk and asks the Kendall County Court to admit the will. Texas law requires the executor to file that application within four years after the date of death. The original will goes to the clerk’s office at 201 East San Antonio Avenue in Boerne, as the filing package must contain these items:
- Application for probate: States the death, the residence of the deceased and the executor named in the will.
- Original will: Delivered to the clerk for filing, with any codicils.
- Death certificate: Certified when the court asks for proof of death.
- Filing fee: Set by the Kendall County Clerk and due at filing.
Once these documents are in the clerk’s file, the court sets a hearing to move the process forward.
Kendall County Courthouse Procedures: Appearing Before County Judge Shane Stolarczyk
County Judge Shane Stolarczyk presides over probate filings in the Kendall County Court. The executor attends a short hearing, where the judge rules on admitting the will and naming the executor. The applicant then testifies under oath about the death, the deceased person’s residence and the will.
A will with a self-proving affidavit usually needs no separate witness to testify at probate, while a will without that affidavit requires a witness to testify under Texas Estates Code § 256.152. Once the judge admits the will, the court grants letters testamentary. Those letters are the documents banks, title companies and other third parties ask to see. Jon prepares the application and testimony outline so the executor knows what to expect before entering the courtroom and managing assets.
Managing High-Value Real Estate And Land Transfers In Boerne And Fair Oaks Ranch
Real property passes through probate by recording a certified copy of the order admitting the will, along with the letters testamentary, in the county where the land sits. For ranch property in Kendall County, those records go to the Kendall County Clerk. Fair Oaks Ranch extends into Bexar and Comal counties, so a single estate can require recordings in more than one county.
Larger estates in this part of the Hill Country often include acreage, mineral interests, agricultural tax valuations and homes with a homestead claim. Each asset carries its own deadlines and records. An executor who sells land must hold authority from the court, and a buyer’s title company will check that authority.
Land may pass by muniment of title without an executor’s appointment, so long as the deceased left a will and had no unpaid debts apart from those secured by real property. If there is no will, an heirship proceeding identifies the legal heirs under the Texas Estates Code. Jon reviews deeds and asset lists to determine which route fits the estate and the chosen administration type.
Independent Versus Dependent Probate Admin In Kendall County
An independent administration lets the executor manage the estate with little court supervision, while a dependent administration requires the Kendall County Court to approve major steps. Chapter 401 of the Texas Estates Code governs independent administration, and many Texas wills direct that route.
An independent executor can usually sell property and pay claims without a court order for each step. The executor still owes a fiduciary duty to the heirs and must keep records. A dependent administration adds court approvals, bonds and periodic reports. The court may require it when the will does not authorize independent administration, when heirs disagree or when the will names no capable executor. The choice affects cost, speed and the level of oversight. Jon explains both paths so the executor can choose with a clear picture of the duties involved.
Frequently Asked Questions
Understanding the Kendall County court system often starts with these basic answers about estate law.
How much does it cost to file for probate in Kendall County?
The Kendall County Clerk sets filing fees, and the total varies with the type of proceeding and the number of documents. Attorney fees and costs such as certified copies add to the total. Ask the clerk’s office for the current fee schedule before filing.
Can I settle a small estate in Boerne without a full probate process?
Chapter 205 of the Texas Estates Code may support a small estate affidavit in Kendall County when the estate holds no real property beyond a homestead and its value stays under the statutory limit. The Kendall County Court still must approve the affidavit. Estates with land generally need another route.
How do I transfer a ranch or large property after a death in Kendall County?
The transfer usually begins with probating the will or filing a muniment of title. The court order is then recorded with the Kendall County Clerk. If no will exists, an heirship proceeding comes first.
These answers provide a starting point for families facing the probate process.
Guidance For Kendall County Executors
Choosing the right administration type simplifies the legal path for families managing estates in Kendall County. An executor faces deadlines, recording requirements and fiduciary duties at the same time, and a lawyer who knows the local clerk and court can keep each step in order.
Call the Law Office of Jon R. Disrud at 210-569-0581 to schedule a consultation about your probate case; every case is different, and the right approach depends on your circumstances. Speak with attorney Jon Disrud to find out which probate administration type fits the requirements of your family estate.