December Part 2 Highlights
(Details in table below)
HB 4504 Effective January 1st
HB 4504, enacted in the 88th Legislative session, goes into effect on January 1. The provisions of the Code of Criminal Procedure have been reorganized, but TXdocs has you covered. Any references to statutes that were moved or renumbered have been updated.
Civil Litigation
- New standalone Certificate of Service
- New Motion and Order to Strike Petition for Intervention
- Option to serve defendants wherever they may be found
Guardianship:
- Expanded content of Orders Appointing Successor Guardian to include the original findings, listing or rights and duties, and admonishments.
- Improved assembly of Order Appointing Guardian to avoid unnecessary questions when only appointing a guardian of the person
Wills
- Added option for selecting appointments for Declaration of Guardian to Confirmation of Client Information
Family Law
- Authorizations for Disclosure of Records: improved integration with inventory tool so you don’t have to retype your client’s information for insurance or financial accounts
- Improved and updated Request to Register Child Custody Determination
- Broadened use of Withdrawal of Attorney for more types of cases
- Added new ground in Motion for Continuance
Probate
- New Motion and Order for Security for Costs
- Application to Determine Heirship: added option to include the full family listing
- Modified prayers in applications to comply with specific clerk requests
Trusts
- New intakes for Grandchild Trust
- Updated annual gift exclusion to 2025 amount
Select a practice area below to see a complete list of updates:
| Menu # | Title | Details |
| 2.01 | Simple Wills | Fixed menu for distributions options when testator is widowed |
| Menu | Title | Details |
| 9.02 | Limited Partnership Agreement | Corrected Judgement to Judgment |
| 9.08 | Client Instruction Letter (Limited Partnership) | Corrected Judgement to Judgment |
| Menu # | Title | Details |
| 9.01 | Petition (shell) | Added option to include "or wherever [name] may be found" for service to Defendant |
| 10.07 | Certificate of Service | New standalone form |
| 15.01 | Original Petition and Application for TRO Injunction and Other Relief | Added option to include "or wherever [name] may be found" for service to Defendant |
| 18.33 | Motion to Strike Petition for Intervention | New form |
| 18.33 | Order Striking Petition for Intervention | New form |
| 40.05 | Original Petition - Breach of Contract | Added option to include "or wherever [name] may be found" for service to Defendant |
| 41.16 | Original Petition - Medical Malpractice | Added option to include "or wherever [name] may be found" for service to Defendant |
| 42.02 | Original Petition - Premises Liability | Added option to include "or wherever [name] may be found" for service to Defendant |
| 43.02 | Original Petition - Products Liability | Added option to include "or wherever [name] may be found" for service to Defendant |
| 44.12 | Original Petition - Motor Vehicle Collision | Added option to include "or wherever [name] may be found" for service to Defendant |
| 44.14 | Petition - Uninsured or Underinsured Motorist | Added option to include "or wherever [name] may be found" for service to Defendant |
| 45.05 | Original Petition (DTPA) | Added option to include "or wherever [name] may be found" for service to Defendant |
| 46.04 | Application for Prejudgment Writ of Garnishment | Added option to include "or wherever [name] may be found" for service to Defendant |
| 46.07 | Application for Writ of Garnishment After Judgment | Added option to include "or wherever [name] may be found" for service to Defendant |
| 46.13 | Petition on Sworn Account | Added option to include "or wherever [name] may be found" for service to Defendant |
| 47.01 | Petition for Accounting and Distribution | Added option to include "or wherever [name] may be found" for service to Defendant |
| 48.02 | Petition to Partition | Added option to include "or wherever [name] may be found" for service to Defendant |
| 49.03 | Petition on Trespass to Try Title | Added option to include "or wherever [name] may be found" for service to Defendant |
| 49.10 | Petition to Quiet Title | Added option to include "or wherever [name] may be found" for service to Defendant |
| 49.13 | Original Petition for Declaratory Judgment | Added option to include "or wherever [name] may be found" for service to Defendant |
| 51.46 | Petition for Bill of Review | Added option to include "or wherever [name] may be found" for service to Defendant |
| Menu # | Title | Details |
| 5.4 | Order - Motion for Release Without Bond | Improved coding for attorney signatures. |
| 9.24 | Motion for Change of Venue | Updated reference to Texas Code of Criminal Procedure Article 31.03 to Article 31A.004 per H.B. 4504, effective January 1, 2025. |
| 28.7 | Petition for Expunction | Updated reference to Texas Code of Criminal Procedure Chapter 55 to Chapter 55A, and from Section 2(b) Article 55.02 to Article 55A.256 per H.B. 4504, effective January 1, 2025. |
| 28.7 | Order - Petition for Expunction | Updated reference to Texas Code of Criminal Procedure from Section 2(b) Article 55.02 to Article 55A.301 per H.B. 4504, effective January 1, 2025. |
| 5.4 | Order - Motion for Release Without Bond | Improved coding for attorney signatures. |
| Menu # | Title | Details |
| 4.01 | Final Decree of Divorce | Minor edits to Income Taxes language |
| 22.03 | Authorization for Disclosure of Financial Records | Improved integration with inventory tool |
| 22.04 | Authorization for Disclosure of Insurance Records | Improved integration with inventory tool |
| 23.10 | Motion for Continuance of Hearing | Added new ground for denial of continuance will deny movant of movant's Constitutional right to Due Process and right to Equal Protection of the Laws. |
| 25.04 | Motion for Withdrawal of Attorney | Opened up to more types of cases |
| 25.05 | Order for Withdrawal of Attorney | Broadened to more types of cases, added option to send future notices by email |
| 30.08 | Order Revoking Suspended Commitment - Child Support | Corrected Judgement to Judgment |
| 30.16 | Order on Confirmation of Arrearages | Corrected Judgement to Judgment |
| 36.03 | Request to Register Child Custody Determination | Improved and updated, added option for e-filing order and sworn statement |
| 36.05 | Notice of Registration of Child Custody Determination | Now loops for each recipient, updated form to work smoothly as a form set |
| 36.04 | Affidavit or Declaration in Support of Registration of Child Custody Determination | Updated to work smoothly as a form set |
| 45.01 | Original Petition for Possession of or Access to a Grandchild | Prevented error that might occur if user leaves the names of the mother or father blank |
| 50.17 | Order Granting Judgment Nunc Pro Tunc | Corrected Judgement to Judgment |
| Local | Request for Abstract of Judgment (Harris) | Corrected Judgement to Judgment |
| Menu # | Title | Details |
| 2.03 | Order Appointing Guardian With Full Authority | Improved logic to skip questions for powers and duties of a guardian of the estate and guardian of the person. Expanded findings of court for any power of attorney indicated on the application, not just a durable power of attorney in a guardianship of the estate. Also, the notice to peace officers will only come in for proceedings appointing a guardianship of the person or person and estate of Ward. |
| 2.04 | Order Appointing Guardian With Limited Authority | Expanded findings of court for any power of attorney indicated on the application, not just a durable power of attorney in a guardianship of the estate. Also, the notice to peace officers will only come in for proceedings appointing a guardianship of the person or person and estate of the ward. |
| 2.11 | Answer of Attorney Ad Litem | Fixed reference to Section 1054.006 TEC |
| 14.03 | Application for Resignation as Guardian and Appointment of Successor Guardian | Added option to indicate a power of attorney signed by the ward. |
| 14.04 | Order Approving Resignation and Appointing Successor Guardian | Improved formatting and assembly of form. Added option to include findings, rights and duties of successor guardian, and the firearm and ammunition admonishment similar to the original order appointing guardian. Also added a paragraph for Ward's appearance at this proceeding. |
| 14.05 | Application for Appointment of Successor Guardian (1203.102) | Added option to indicate a power of attorney signed by the ward. |
| 14.06 | Order Appointing Successor Guardian | Improved formatting and assembly. Also, added options to include findings, rights and duties of successor guardian, and a firearm and ammunition admonishment similar to those in the original order appointing guardian. Also added a paragraph for Ward's appearance at this proceeding. |
| Menu # | Title | Details |
| 6.10 | Final Judgment After Default (with rent) | Corrected Judgement to Judgment |
| Menu # | Title | Details |
| 6.02 | Order Admitting Will to Probate (401.001) | Modified prayer to change Section 308.002 to just Section 308 (some courts want whole section referenced here) |
| 6.04 | Order Admitting Will to Probate (401.002a) | Modified prayer to change Section 308.002 to just Section 308 (some courts want whole section referenced here) |
| 6.06 | Order Admitting Will to Probate (401.002b) | Modified prayer to change Section 308.002 to just Section 308 (some courts want whole section referenced here) |
| 6.08 | Order Admitting Will to Probate (254.006) | Modified prayer to change Section 308.002 to just Section 308 (some courts want whole section referenced here) |
| 6.12 | Order Appointing Independent Executor-Administrator (257.151) | Modified prayer to change Section 308.002 to just Section 308 (some courts want whole section referenced here) |
| 8.01 | Application for Letters of Dependent Administration (Intestate) | Added specific language regarding bond to prayer |
| 8.03 | Combined Application to Determing Heirship Letters of Administration | Added specific language regarding bond to prayer |
| 8.05 | Combined Application to Determing Heirship Letters of Independent Administration | Added specific language regarding bond to prayer |
| 8.07 | Application for Letters of Independent Administration by Agreement (Intestate) | Added specific language regarding bond to prayer |
| 11.02 | Order Admitting Will to Probate and for Letters of Administration (Dependent) | Modified prayer to change Section 308.002 to just Section 308 (some courts want whole section referenced here) |
| 12.01 | Application to Determine Heirship | Added option to include full family listing (useful to courts when there are no living descendants) |
| 26.14 | Spouse's Affidavit or Declaration to Recover Unpaid Wages | Improved form to allow for an unsworn declaration, removed caption |
| 35.43 | Motion for Security for Costs | New Form |
| 35.44 | Order Granting Motion for Security for Costs | New Form |
| Menu # | Title | Details |
| 6.0 | Client Intake for Grandchild Trust | New form |
| 6.3 | Notice of Intent to Make Gifts - Grandchild Trust | Updated annual gift exclusion to 2025 amount ($19,000) |
| Menu # | Title | Details |
| OIS | Modern Client Intake | Added option to treat each stepchild as descendant |
| 1.02 | Confirmation of Client Information | Added Declaration of Guardian for Client |
| 1.02 | Confirmation of Spouse Information | Added Declaration of Guardian for Spouse |
| 4.07 | Statutory Declaration of Guardian | Modified panels for improved assembly when run as a form set |