Understanding what is a codicil and when to use one can save your family real time, money, and stress later. A codicil is a short legal document that changes part of a will you already signed. It does not replace the whole will. Instead, it adds to it, edits it, or cancels one piece of it. For example, you might use a codicil to name a new executor — the person who settles your estate — after your first choice moves away or passes on.
Many families think a small change means starting over. In most cases, it does not. However, the rules are strict. A codicil must be signed the same careful way a will is signed. This guide walks through what is a codicil and when to use one, the exact signing rules in several states, and how to decide between a codicil and a brand-new will.
How a Codicil Works With Your Existing Will
A codicil is read together with your original will. Think of it as an amendment. The will stays in force, and the codicil overrides only the parts it specifically changes. When your estate goes through probate — the court process that proves a will and transfers property — the judge reviews both documents as one plan.
Because of that, clarity matters. A good codicil says which will it amends, gives that will’s date, names the exact paragraph being changed, and confirms the rest stands. Typically, vague wording causes fights. If a codicil says “I leave my car to my niece” without saying which niece or which car, the court may have to guess.
Codicils are also revocable. Under Florida Statute 732.505, a will or codicil can be revoked by a later will, codicil, or other writing done with the same formalities. Under Florida Statute 732.506, it can be revoked by burning, tearing, canceling, or destroying it with the intent to revoke. As a result, you are never locked in.
What Is a Codicil and When to Use One: The Exact Signing Rules
Here is the single most important rule about what is a codicil and when to use one: a codicil must be executed with the same formalities as a will. Florida Statute 732.502(2) says this in plain terms. States following the Uniform Probate Code, such as Idaho (Idaho Code § 15-2-502) and Hawaii (HRS § 560:2-502), require the same two witnesses for either document.
A handwritten note in the margin of your will is usually not a valid codicil. In most cases, unwitnessed edits are ignored or, worse, raise doubt about the whole will.
| State | Statute | Witnesses Required | Notable Rule |
|---|---|---|---|
| California | Prob. Code § 6110 | 2 | Both must be present at the same time; handwritten (holographic) codicils allowed under § 6111 |
| New York | EPTL 3-2.1 | 2 | Both witnesses must sign within one 30-day period |
| Florida | Fla. Stat. § 732.502 | 2 | Codicil requires same formalities as a will; self-proving affidavit under § 732.503 |
| Louisiana | Civil Code art. 1577 | 2 + a notary | Testator, both witnesses, and notary must sign in each other’s presence |
| UPC states | UPC § 2-502 | 2 | Witnesses sign within a reasonable time after witnessing the signature |
Some UPC states also have a “harmless error” rule (UPC § 2-503). It lets a court accept a flawed document if there is clear and convincing evidence the person meant it as a will or codicil. However, that is a rescue rule, not a plan. Signing correctly the first time is far cheaper than litigating later.
When a Codicil Makes Sense — and When It Does Not
Codicils work best for small, clean changes. For example: swapping an executor, adding one specific gift, correcting a misspelled name, or updating a guardian for minor children. If the change touches one paragraph, a codicil is usually a good fit.
A new will is generally the better choice after a big life event. Divorce, remarriage, a new child, a move to another state, or selling a major asset all ripple through many clauses. Stacking three or four codicils on one will also creates a confusing paper trail. Any missing page can unravel the whole plan.
Money matters can push the decision too. Federal estate tax now exempts $15 million per person for deaths in 2026, under Public Law 119-21, with a 40% top rate above that. Most families owe nothing. However, a dozen states plus D.C. impose their own estate or inheritance tax at much lower thresholds, so check your state’s revenue department. Separately, small-estate shortcuts can matter: California’s affidavit under Probate Code § 13100 covers estates up to $208,850 for deaths on or after April 1, 2025, and requires waiting 40 days after death.
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Practical next steps: read your current will front to back. Write down exactly what you want changed. Then decide whether one paragraph or the whole plan is affected. Keep the codicil stored with the original will, never stapled over it. Finally, tell your executor where both documents live. You may want to check with your state’s probate court self-help center or a licensed attorney before signing.
Frequently Asked Questions
Can I just cross something out on my will instead?
Generally, no. Crossing out a line without proper witnesses may not change anything, and it can raise questions about whether you meant to revoke the entire will. In most cases, a properly signed codicil or a new will is the safer path.
How many codicils can one will have?
There is no legal limit. However, most people are better served by a fresh will after two or three changes. Typically, one clean document is easier for a court and an executor to follow.
Does a codicil need to be notarized?
It depends on the state. Louisiana requires a notary plus two witnesses under Civil Code art. 1577, while most states only require two witnesses. As a result, many families still add a self-proving affidavit — such as the one under Florida Statute 732.503 — because it lets the court accept the document without tracking down witnesses later.
Make Sure Your Plan Actually Works
A will or trust only does its job if the rest of your plan lines up. Two quick checks before you finish:
- Get your state’s exact rules — witnesses, notary, probate cost, and tax thresholds vary by state.
- Beneficiary forms beat your will — make sure your life-insurance beneficiaries are current, because named beneficiaries pass outside your will.
Sources & How to Verify
This guide is built from official sources. Always confirm the exact figure for your state:
- IRS — Estate & Gift Tax: irs.gov
- USA.gov — What to do when someone dies: usa.gov/death
- Uniform Law Commission (probate): uniformlaws.org
- Cornell Legal Information Institute: law.cornell.edu
- Your state’s probate court self-help portal and revenue department for the current statute and dollar figures.
Verified July 2026. Estate figures change — if you spot anything outdated, please contact us.
Related Guides
- Wills by State
- Trusts & Living Trusts by State
- Estate & Inheritance Tax by State
- Plain-English Estate Glossary
Disclaimer. This page is for general information only and is not legal or tax advice. Wills, probate, and estate-tax rules vary by state, county, and situation, and change over time. We are not a law firm, tax advisor, or financial planner, and we assume no liability for accuracy or completeness. For your specific situation — especially an active probate or a tax deadline — verify with your state’s court, statute, revenue department, or a licensed attorney in your state.