How to Update a Will (Codicil vs New Will)

✓ Verified June 12, 2026

How to update a will is one of the most common questions families face after a major life change. Maybe you got married, had a child, moved to a new state, or simply changed your mind about who should inherit a family heirloom. Whatever the reason, updating your will is straightforward once you know your two options: adding a codicil or writing an entirely new will. Both are legally valid. The right choice depends on how much you need to change.

The short answer: You can update a will by attaching a short amendment called a codicil, or by revoking the old will and signing a brand-new one. A codicil works well for one or two small changes. A new will is better when the changes are significant. Either way, you must sign the document and have it witnessed using the same formalities your state requires for the original will.

When and Why You Need to Know How to Update a Will

Life does not sit still, and neither should your will. You may need to learn how to update a will after events like marriage, divorce, the birth of a child, or the death of a named beneficiary. A move to a different state is another common trigger. In most cases, any time the people or property in your will have changed, your will should change too.

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You also need to update your will if you want to change your executor. For example, if you named your sister as executor but she has moved overseas, a quick update keeps things practical. Failing to update a will can lead to confusion, family disputes, or assets going to someone you no longer intended.

Understanding how to update a will also matters when the original document has become cluttered. If you have already attached one or two codicils, adding a third creates a stack of amendments that a probate court must piece together. At that point, writing a fresh will is the cleaner path.

Codicil vs. New Will — Which One Do You Need?

A codicil is a short, written amendment that changes one or two specific provisions of your existing will. It does not replace the whole document. However, a codicil must be signed and witnessed with the same formalities as the original will. Think of it like a Post-It note — but one that must be notarized or witnessed to count.

A new will is the better choice when changes are significant. If you are revising beneficiaries, changing guardianship for minor children, or restructuring how assets are divided, starting fresh avoids ambiguity. As a result, most estate-planning attorneys recommend a new will whenever more than one or two paragraphs need to change. Typically, if you have already attached one codicil and need another change, it is time for a new will.

What to Include (and What to Get Right)

Whether you choose a codicil or a new will, certain elements must be present for the document to be valid. A codicil must clearly identify the original will by date. It must state exactly which provision is being changed, added, or removed. It must reaffirm that all other provisions of the original will remain in effect.

Learning how to update a will also means understanding your state’s execution requirements. Every state requires the testator’s signature. Most require two witnesses. Notarization is not required for validity in any of the major states below, but a self-proving affidavit — signed before a notary — can speed up probate later.

State Witnesses Required Notarization Holographic (Handwritten) Codicil Allowed? Statute
Texas 2 (age 14+, credible) Optional (self-proving affidavit) Yes — no witnesses needed Estates Code § 251.051
California 2 (present at same time) Not available Yes — material terms in own handwriting Probate Code § 6110
Florida 2 Optional (self-proving affidavit) No Fla. Stat. § 732.502
New York 2 attesting witnesses Optional (self-proving affidavit) No (military exception only) EPTL § 3-2.1
Pennsylvania 2 Optional (self-proving affidavit) Yes — entirely handwritten and signed 20 Pa. C.S. § 2502

In Texas, California, and Pennsylvania, you may be able to write a holographic codicil entirely in your own handwriting without any witnesses. However, a typed and witnessed codicil is almost always safer and harder to challenge in court.

Sample Template You Can Adapt

Below is a sample codicil template. This is the most common way families handle how to update a will when the change is small. Adapt it to your state and your situation.

Sample template — adapt to your state and your situation. This is an informational sample, not legal advice.

CODICIL TO THE LAST WILL AND TESTAMENT OF [Your Full Legal Name]

I, [Your Full Legal Name], of [City], [County] County, [State], declare this to be the [First/Second] Codicil to my Last Will and Testament dated [Date of Original Will].

ARTICLE I — AMENDMENT

I hereby amend [Article/Section Number] of my said Will as follows:

[Clearly describe the change. For example: “I revoke the bequest of my 2019 Toyota Camry to [Original Beneficiary Name] and instead bequeath it to [New Beneficiary Name], of [City, State].” or “I remove [Name] as Executor and appoint [New Executor Name], of [City, State], as Executor of my Will.”]

ARTICLE II — RATIFICATION

In all other respects, I hereby ratify and confirm my said Last Will and Testament dated [Date of Original Will] and any prior codicils thereto, except as expressly modified by this Codicil.

ARTICLE III — EXECUTION

IN WITNESS WHEREOF, I have signed this Codicil on [Date], at [City], [State].

___________________________
[Your Full Legal Name], Testator

WITNESSES:

We declare that the person who signed this Codicil, or asked another to sign on their behalf, did so in our presence. We believe this person to be of sound mind. We each sign as a witness in the presence of the Testator and of each other.

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Witness 1: ___________________________
Printed Name: [Witness 1 Full Name]
Address: [Witness 1 Address]
Date: [Date]

Witness 2: ___________________________
Printed Name: [Witness 2 Full Name]
Address: [Witness 2 Address]
Date: [Date]

SELF-PROVING AFFIDAVIT (Optional — check your state)

STATE OF [State]
COUNTY OF [County]

Before me, the undersigned authority, on this [Date], personally appeared [Your Full Legal Name], the Testator, and [Witness 1 Full Name] and [Witness 2 Full Name], the witnesses, each known to me. The Testator declared to me and to the witnesses that this instrument is the [First/Second] Codicil to the Testator’s Last Will and Testament, and that the Testator had willingly signed it. Each witness stated that they signed the Codicil in the presence of the Testator and of each other.

___________________________
Notary Public
My Commission Expires: [Date]

How to Make It Valid in Your State

Knowing how to update a will on paper is only half the job. You also need to execute the document properly. In most cases, this means signing the codicil at the end, in the presence of two adult witnesses. Both witnesses should sign immediately after you do. They should not be anyone who inherits under the will or codicil.

A self-proving affidavit is optional in most states, but strongly recommended. It allows the probate court to accept the codicil without calling your witnesses to testify. In Texas, Florida, New York, and Pennsylvania, you and your two witnesses sign the affidavit before a notary public. California does not currently offer a self-proving affidavit procedure.

If you are updating a will because of a recent marriage or divorce, act promptly. Many states automatically revoke bequests to a former spouse upon divorce. However, if you remarry without updating your will, the new spouse may be entitled to a share of your estate under intestacy laws — potentially overriding your existing will. Do not wait.

After signing, store the codicil with your original will. Typically, this means keeping both documents together in a fireproof safe, a bank safe-deposit box, or with your attorney. Some states allow you to file your will and codicils with the local probate court for safekeeping. For example, New York Surrogate’s Courts accept wills for deposit during the testator’s lifetime. Let your executor know where to find the documents.

Frequently Asked Questions

Can I update my will without a lawyer?

Yes. There is no legal requirement to hire an attorney to write a codicil or a new will. However, if your estate is complex, if you own property in more than one state, or if you expect a family member to contest the change, consulting a licensed attorney is a wise step. Mistakes in how to update a will can make the entire amendment invalid.

Does a codicil need to be notarized?

In most states, notarization is not required for a codicil to be legally valid. Two witnesses are typically enough. However, adding a notarized self-proving affidavit saves time during probate. It prevents the court from needing to track down your witnesses later. Check with your state’s probate court for specific requirements.

How many codicils can I add to a will?

There is no legal limit on the number of codicils. However, most attorneys recommend no more than one or two. Multiple codicils increase the risk of contradictions and confusion. If you find yourself drafting a third codicil, it is generally better to learn how to update a will by writing a completely new one. A single, clean document is easier for your family and the probate court to follow.

Does updating my will revoke the old one?

A codicil does not revoke your existing will. It only changes the specific provisions you name in the codicil. Everything else stays the same. However, if you write a brand-new will, you should include a revocation clause stating that you revoke all prior wills and codicils. Physically destroying the old will — by shredding or burning — is also recommended to avoid confusion.

Bottom line: Knowing how to update a will gives you the power to keep your estate plan current as life changes. For small, targeted changes, a properly witnessed codicil is quick and effective. For bigger shifts, a new will is the safer route. Either way, sign it with the same formalities your state requires, store it with your original will, and tell your executor where to find it. If you are unsure which option fits your situation, contact a licensed estate-planning attorney or your local probate court.

Planning ahead? Check your life insurance too

A will decides who gets what — life insurance decides how your family pays the bills while the estate settles. It is worth checking that your coverage and beneficiaries are up to date.

Check Your Life Insurance →

Find Your State’s Exact Rules

Probate cost, small-estate limits, intestate shares, and estate-tax rules all change from state to state. Pick your state to see the exact figures that apply where you live.

See Wills & Probate Rules for Every State →

Sources & How to Verify

The information on this page is drawn from official government and court sources. Estate, probate, and tax rules change, so always confirm the exact figure with your state’s court, statute, or a licensed attorney.

  • IRS — Estate Tax: irs.gov — federal estate-tax rules and exemption
  • Find free legal help: lawhelp.org — free and low-cost legal aid in your state
  • Cornell Legal Information Institute: law.cornell.edu/wex — plain-English legal definitions
  • Your state probate code & court self-help portal: search “[your state] probate code” and “[your state] probate court self-help” for the exact law and forms

Content last reviewed June 2026. If you notice outdated information, please contact us.

Related Guides

Estate planning? Make sure your life insurance is in order — see Life Insure Guide. Worried about Medicaid estate recovery? See Medicare Cover Guide. Divorced recently? Update your will and beneficiaries — see Divorce Help Guide.