Can a codicil be electronic?

Many states exclude wills and codicils from ESIGN or require specific formalities; verify local law. Some states permit electronic notarization for supporting affidavits, but pure electronic execution of testamentary documents is often restricted.

How many witnesses are required?

Most states require two disinterested witnesses for wills and codicils; a few jurisdictions have different formalities. Confirm the required witness count with state statute or counsel.

Is notarization required?

Notarization is not universally required for validity but a self-proving affidavit notarized at execution simplifies probate by avoiding witness testimony.

What if the codicil conflicts with a later will?

A later validly executed will generally controls and may revoke earlier codicils; sequence and dates of documents determine priority during probate.

How should I store the signed codicil?

Retain the signed original with estate documents, provide copies to the executor and attorney, and preserve audit records and notarized affidavits according to retention guidance.

Can I revoke a codicil?

Yes. A codicil can be revoked by a later codicil, a later will that expressly revokes it, or physical destruction with intent to revoke; consult counsel to document revocation properly.

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Codicil to Last Will and Testament

Codicil to Last Will and Testament

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CODICIL
TO
LAST WILL AND TESTAMENT OF

I, , of County, Pennsylvania, declare this as a Codicil to my Will dated . This Codicil amends or supplements my Will only as provided herein. Except as amended or supplemented, my Will shall remain in full force and effect.

[All Articles are examples only. Only type changes to be made to will or additions thereto]

ARTICLE I.

I devise and bequeath to my

ARTICLE II.

I revoke the prior devise and bequest of to my

ARTICLE III

I have another child named, and amend Article to add said child as an additional beneficiary of the trust specified therein.

ARTICLE V.

I amend my will to appoint or if the appointee fails to qualify or cease to act, I appoint as Trustee of the Trust provisions of this Will to serve in said capacity with all the powers during the administration of the Trust as are granted to Trustees under the laws of the State of Pennsylvania including the power to sell any of the real or personal property of the Trust for cash or on credit or to mortgage it or to lease it, all to be exercised without Court order.

ARTICLE VI.

In the event that my dies without having made just provision for the care and custody of our minor children, I appoint as Guardian(s) of said minor children.

Page One Signed by Maker/Testator:

ARTICLE VII.

I amend my will to appoint as executor/executrix/personal representative of my Will, or if the appointee fails to qualify or ceases to act, I appoint both to serve without bond, inventory, appraisal or accounting to any Court and to have all the powers during the administration of my estate as are granted to Trustees under the laws of the State of Pennsylvania or any other law including the power to sell any of my real or personal property at public auction or private sale, for cash or on credit, or to mortgage it or to lease it, all to be exercised without Court order.

I, , having signed this Codicil in the presence of and who attested it at my request on this the day of , 20

TESTATOR/TESTATRIX

The above and foregoing Codicil of was declared and attested by in our presence to be Codicil and was signed by the said in our presence and at request and in the presence of and in the presence of each other, we, the undersigned, witnessed and attested the due execution of the Codicil of on this the day of , 20 and Further, that to the best of our knowledge the testator is 18 years of age or older, of sound mind, and under no constraint or undue influence and that we, as witnesses, are not interested or an heir of the estate of .

WITNESS

ADDRESS:

WITNESS

ADDRESS:

PENNSYLVANIA SELF AUTHENTICATING AFFIDAVIT

Commonwealth of Pennsylvania

County of

I, , the testator/testatrix whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will; and that I signed it willingly and as my free and voluntary act for the purposes therein expressed.

Sworn to or affirmed and acknowledged before me by the testator/testatrix, this day of , 20

Testator/Testatrix

Typed Name

Signature of officer or attorney

Seal and official capacity of officer

or state of admission of attorney

Commonwealth of Pennsylvania

County of

We, and the witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw the testator/testatrix sign and execute the instrument as his or her Last Will; that the testator/testatrix signed willingly and executed it as his or her free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the testator/testatrix signed the will as a witness; and that to the best of our knowledge the testator/testatrix was at that time 18 or more years of age, of sound mind, and under no constraint or undue influence.

Sworn to or affirmed and subscribed before me by witnesses, this day of , 20

Witness

Signature of officer or attorney

Seal and official capacity of officer

or state of admission of attorney

What a Codicil to a Will Is and when it applies

A Codicil to Last Will and Testament is a written amendment that modifies, explains, or revokes provisions in an existing last will and testament without replacing the entire will. It must refer to the original will, describe the change clearly, and be executed with the same formalities (witnesses and any notarization or self-proving affidavit) required for wills in the governing state. Because codicils affect testamentary disposition, they are typically created to make limited updates — for example, changing an executor, updating a bequest, or fixing a typographical error — while preserving the remainder of the original will.

Why a Codicil Can Be a Practical Alternative to Rewriting a Will

A codicil offers a narrow, legally binding way to modify an existing will without drafting a new document. It saves time and may reduce attorney fees for minor changes.

Who Typically Prepares or Signs a Codicil

The codicil process involves the testator and parties who play legal or practical roles in estate administration.

Testators and individuals updating estate plans directly (often for limited, specific changes).
Estate planning attorneys preparing properly worded codicils for clients and advising on witness/notarization requirements.
Executors, beneficiaries, and family members who need clarity on how an amendment affects distribution or administration.

Essential Elements to Include in a Professional Codicil

A professional codicil should be clear, reference the original will, and include execution details so courts can validate the amendment during probate.

Title

Clearly caption as 'Codicil to Last Will and Testament' and identify the original will by date to avoid ambiguity during probate.

Reference

State that the codicil amends the will dated [MM/DD/YYYY], specifying which sections or clauses are changed or revoked.

Specific Changes

Describe the amendment precisely — name beneficiaries, amounts, or executor changes. Avoid vague language like 'all other terms remain reasonable.'

Execution Block

Include signature lines for the testator and space for the required number of witnesses; add a notary or self-proving affidavit if the state permits.

Date and Place

Record the execution date and location; these facts can affect interpretation and the sequence of multiple testamentary instruments.

Integration Language

State that the codicil is intended to be read together with the original will so probate courts treat both instruments as one estate plan.

Step-by-step: How to prepare and execute a codicil

Follow these sequential steps to create a legally sound codicil that is ready for probate review.

01

Review the will: Confirm the original will date and relevant provisions to be changed.
02

Draft amendment: Write precise language describing the change and reference affected articles or paragraphs.
03

Arrange witnesses: Secure the required number of qualified witnesses per state law before signing.
04

Notarize or self-prove: Have the document notarized or execute a self-proving affidavit if desired or required.

How execution and probate review typically flow

This sequence shows what happens after signing and how the codicil is handled during probate.

Signatures: Testator and witnesses sign in the required order.
Notary or affidavit: Complete notarial acknowledgement or self-proving affidavit where applicable.
Store safely: Keep the original with the estate planning file or deposit in a safe location.
File at probate: Present the codicil with the will during probate to show the testator's final intent.

Digital workflow essentials for completing a codicil online

Configure signing and authentication fields to match the formal execution requirements of your state and the parties involved.

Field	Configuration
Signature Block	Place distinct signature lines for testator and each witness.
Date Field	Require MM/DD/YYYY with validation and manual entry.
Witness Info	Add text fields for witness name and address; mark required.
Notary Block	Include optional notary acknowledgement and notary signature field.

Technical considerations for e-execution and notarization

Ensure the platform supports the authentication and recordkeeping your jurisdiction requires before pursuing any online step.

Document formats: PDF and PDF/A preferred for court submission.
Audit trail: Capture timestamps, IP, and action logs.
Notary workflows: Platform must support RON if used.

Store audit records and signed originals per retention rules so the codicil can be authenticated during probate; consult counsel for complex estates.

Key legal risks if a codicil is improperly prepared

Invalid Amendment: Codicil may be void if formalities missing

Probate Delay: Improper execution can delay estate administration

Unintended Conflicts: Ambiguous language can create litigation risk

Tax Consequences: Changes can alter estate tax treatment

Revocation Risk: Later wills may unintentionally revoke codicils

Loss of Benefits: Beneficiary designations may remain unchanged

Common mistakes people make when preparing a codicil

Failing to reference the original will clearly, which can cause ambiguity about which provisions change.
Using vague language or cross-references that shift when the original will is renumbered or revised.
Not obtaining the required number of competent witnesses or skipping notarization where a self-proving affidavit is needed.
Assuming an electronic signature is valid for a codicil without verifying state exceptions for testamentary instruments.

Practical tips to reduce execution and probate issues

Following these practices helps ensure the codicil is accepted by probate and reflects the testator's clear intent.

Use precise amendment language

Draft the codicil to identify the original will by date and specify changes clause-by-clause; ambiguity invites court interpretation and possible litigation.

Confirm witness competency

Select disinterested, mentally competent witnesses and record their full names and addresses; some states disqualify interested witnesses from inheriting under certain circumstances.

Consider a self-proving affidavit

When allowed, attach a self-proving affidavit notarized at execution to reduce the need for witness testimony during probate proceedings.

Keep originals secure and share copies

Store the signed original with the estate planning file or attorney and provide copies to the executor and lawyer to minimize loss during probate.

eSignature vendor comparison for executing a codicil

Compare common eSignature plan attributes when choosing a platform for notarization workflows, secure storage, and audit trails.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial	Varies	Varies	Varies	Varies
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No
Envelope Cap	No cap	100 envelopes/user/year	Varies	Varies	Varies

Frequently asked questions about codicils and execution

Answers to common execution, validity, and storage questions help prevent costly probate issues.

Need help? Contact support

Can a codicil be electronic?
Many states exclude wills and codicils from ESIGN or require specific formalities; verify local law. Some states permit electronic notarization for supporting affidavits, but pure electronic execution of testamentary documents is often restricted.
How many witnesses are required?
Most states require two disinterested witnesses for wills and codicils; a few jurisdictions have different formalities. Confirm the required witness count with state statute or counsel.
Is notarization required?
Notarization is not universally required for validity but a self-proving affidavit notarized at execution simplifies probate by avoiding witness testimony.
What if the codicil conflicts with a later will?
A later validly executed will generally controls and may revoke earlier codicils; sequence and dates of documents determine priority during probate.
How should I store the signed codicil?
Retain the signed original with estate documents, provide copies to the executor and attorney, and preserve audit records and notarized affidavits according to retention guidance.
Can I revoke a codicil?
Yes. A codicil can be revoked by a later codicil, a later will that expressly revokes it, or physical destruction with intent to revoke; consult counsel to document revocation properly.

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