Can a codicil be handwritten?

Some states accept holographic codicils if signed and handwritten by the testator, but this varies widely and may complicate probate. Consult state rules or counsel.

Is notarization required?

Most states do not require notarization for execution, but a notary self-proving affidavit simplifies probate by eliminating witness testimony at court.

Can I e-sign a codicil?

Electronic signatures are generally excluded from ESIGN for wills and codicils in many states; verify state law before relying on e-signature or remote notarization.

How should I store the codicil?

Keep the original codicil with the original will in a secure location (attorney trust box, safe deposit, or designated executor custody) and provide copies to the executor.

Should I notify beneficiaries?

Not required, but notifying the executor and close beneficiaries reduces surprise and may reduce contests during probate.

When is a new will preferable?

If changes are numerous, affect multiple provisions, or alter the estate’s overall plan, drafting a new will reduces ambiguity and potential litigation.

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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, Texas, 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 IV.

I amend my will to devise and bequeath all my interest in my homestead or primary residence, if I own a homestead or primary residence on the date of my death that passes through this Will, to if the named person(s) survives me. If the named person(s) does not survive me, then my homestead or primary residence shall pass under the residuary clause of my Will.

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 Texas 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 Texas 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, as testator, after being duly sworn, declare to the undersigned witnesses and to the undersigned authority that this instrument is my codicil to will, that I have willingly made and executed it in the presence of the undersigned witnesses, all of whom were present at the same time, as my free act and deed, and that I have requested each of the undersigned witnesses to sign this codicil to will in my presence and in the presence of each other. I now sign this codicil to will in the presence of the attesting witnesses and the undersigned authority on this day of 20

Testator

The undersigned, and each being at least fourteen years of age, after being duly sworn, declare to the testator and to the undersigned authority that the testator declared to us that this instrument is the testator's codicil to will and that the testator requested us to act as witnesses to the testator's codicil to will and signature. The testator then signed this codicil to will in our presence, all of us being present at the same time. The testator is eighteen years of age or over (or being under such age, is or has been lawfully married, or is a member of the armed forces of the United States or of an auxiliary of the armed forces of the United States or of the United States Maritime Service), and we believe the testator to be of sound mind. We now sign our names as attesting witnesses in the presence of the testator, each other, and the undersigned authority on this day of 20

Witness

Subscribed and sworn to before me by the said testator, and by the said and witnesses, this day of 20

(SEAL)

(Signed)

(Official Capacity of Officer)

What a Codicil to Last Will and Testament Is

A Codicil to Last Will and Testament is a signed legal amendment that modifies one or more provisions of an existing will without replacing the entire document. It must identify the original will, state the changes clearly, be executed with the same formalities required for the original will in the testator's jurisdiction, and be kept with the will for probate. Codicils are commonly used to change executors, update specific bequests, correct errors, or add small dispositions when a new will is unnecessary.

Why Use a Codicil Instead of a New Will

A codicil lets you make narrow, formal changes to an existing will quickly and at lower cost than drafting a full new will. It preserves the structure and dispositions of the original will while documenting limited updates.

Who Typically Prepares or Signs a Codicil

Review whether a codicil is appropriate; substantial or numerous changes usually warrant a new will to reduce confusion in probate.

Testators with minor updates to beneficiaries or assets, avoiding full re-drafting.
Attorneys finalizing small corrections to an existing estate plan for clients.
Executors who must clarify administrative instructions before probate begins.

Key Elements to Include in a Professional Codicil

A well-drafted codicil is concise but precise, references the original will, and contains execution language mirroring statutory formalities so courts accept it as a valid amendment.

Title and Identification

Name the document as a codicil and identify the testator, date of birth, and the original will by date to eliminate ambiguity about which instrument is being amended.

Explicit Amendment Language

State the exact paragraph or clause being changed and provide the replacement text or deletion instruction in clear, numbered form to avoid interpretive disputes during probate.

Execution Clause

Include a statement that the codicil is executed under the same formalities as the original will and that all other provisions remain in full force and effect unless expressly changed.

Witness and Notary Block

Provide spaces for signatures, printed names, addresses, and dates for required witnesses and, where applicable, a notary acknowledgement or self-proving affidavit consistent with state rules.

Revocation and Consistency

Confirm whether the codicil revokes prior codicils or provisions and include language to resolve conflicts between the original will and later codicils.

Testator Capacity and Intent

A brief declaration that the testator is of sound mind and intends the codicil to amend the existing will helps establish testamentary intent if the amendment is challenged.

Required Information and Common Data Points

Testator Name: Full legal name

Original Will Date: Date of original will

Specific Amendment: Clear clause reference

Signatures: Testator and witnesses

Witness Details: Printed names and addresses

Notary Acknowledgement: If state requires

Step-by-Step: How to Complete a Codicil

Follow a precise sequence to ensure the codicil is legally effective and readily admitted to probate.

01

Locate the original: Confirm the original will’s date and contents to reference accurately.
02

Draft amendment: State the exact provision changed and provide replacement language or deletion.
03

Execution formalities: Sign in presence of required witnesses and notary per state law.
04

File or store: Keep the codicil with the original will and notify the executor.

Typical Workflow from Preparation to Probate

A clear workflow reduces chances of rejection or contest during probate by ensuring execution, proof, and secure storage.

Draft: Prepare concise amendment referencing the original will.
Witness: Complete signing with statutory number of witnesses present.
Notarize: Obtain acknowledgement or self-proving affidavit if recommended.
Preserve: Store with the original will and advise the executor of its location.

Risks and Consequences of an Incorrect Codicil

Invalidation Risk: Codicil may be declared invalid

Probate Delay: Admittance to probate can be delayed

Beneficiary Disputes: Increased chance of contests

Tax Consequences: Unclear bequests can trigger tax issues

Record Mismatch: Mismatched names may cause rejection

ESIGN Exception: Electronic execution may be unenforceable

Common Mistakes to Avoid When Preparing a Codicil

Failing to reference the original will by date or title, creating ambiguity about which instrument the codicil amends.
Using vague or informal language that makes the testator's intent unclear, which increases the risk of a successful challenge.
Neglecting required witness or notary formalities for your state, which may render the codicil legally ineffective.
Storing the codicil separately from the original will without notifying the executor, causing delays or loss during probate.

Digital Signing, Formats, and Common Integrations

Verify whether your state treats wills and codicils as an ESIGN exception and whether remote notarization, witness affidavits, or in-person signing are required before relying on eSubmission.

Supported Formats: PDF, Word DOCX
Integrations: Salesforce | NetSuite | Microsoft 365
Security Standards: TLS 1.2/1.3 and AES-256

How a Codicil Differs from Related Estate Documents

Compare common document types to understand when a codicil is the appropriate mechanism versus drafting a new testamentary instrument.

Document Type	eSign Valid?	Typical Use
Codicil		limited amendment
Last Will		full testamentary plan
Power of Attorney		agent authority
Living Trust		probate avoidance

eSignature Vendor Comparison for Document Execution

Select an eSignature provider that meets jurisdictional requirements and supports secure storage, notarization, and audit trails. Compare core pricing and feature differences below.

	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 trial	Varies	Varies	Varies	Varies
Bulk Send	Yes	Yes	Yes	Yes	Yes
Audit Trail	Yes	Yes	Yes	Yes	Yes
Envelope Cap	No cap	100 envelopes/user/year	Varies	Varies	Varies

Frequently Asked Questions About Codicils

Answers to common questions about validity, signing, and storing a Codicil to Last Will and Testament.

Need help? Contact support

Can a codicil be handwritten?
Some states accept holographic codicils if signed and handwritten by the testator, but this varies widely and may complicate probate. Consult state rules or counsel.
Is notarization required?
Most states do not require notarization for execution, but a notary self-proving affidavit simplifies probate by eliminating witness testimony at court.
Can I e-sign a codicil?
Electronic signatures are generally excluded from ESIGN for wills and codicils in many states; verify state law before relying on e-signature or remote notarization.
How should I store the codicil?
Keep the original codicil with the original will in a secure location (attorney trust box, safe deposit, or designated executor custody) and provide copies to the executor.
Should I notify beneficiaries?
Not required, but notifying the executor and close beneficiaries reduces surprise and may reduce contests during probate.
When is a new will preferable?
If changes are numerous, affect multiple provisions, or alter the estate’s overall plan, drafting a new will reduces ambiguity and potential litigation.

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