If you already have a will in Texas and only need to change one or two things, you may not need to start over with an entirely new will. A codicil is a written document used to change, add to, or revoke part of an existing will.
But a codicil is not just a note you attach to your will. Texas law treats a codicil as part of the will process, so the way it is prepared and signed matters.
| Question | Short answer |
|---|---|
| Can a codicil change a Texas will? | Yes. Texas law recognizes codicils as a way to change an existing will. |
| Can I just write a note on my will? | Do not assume that a handwritten note automatically changes the will. |
| Do I need witnesses? | For a standard written will, Texas generally requires two credible witnesses; the exact execution rules depend on the document. |
| Should I use a codicil or new will? | A codicil may fit a small change; a new will may be cleaner when there are several changes. |
What is a codicil?
A codicil is a legal document that changes an existing will. You can use one to make a limited change without replacing the entire will.
Texas Estates Code §22.034 specifically includes a codicil within the definition of a “will.” Texas law also allows a person to execute a codicil to an existing will. See Texas Estates Code Chapter 253.
Can you change a Texas will with a codicil?
Yes. Texas law recognizes codicils as a way to change an existing will. A written will, or part of it, can be changed or revoked by a later will, codicil, or written declaration that is executed with the required formalities.
That means a casual handwritten note, text message, email, or conversation with your family should not be treated as a substitute for a properly executed codicil.
What are the Texas requirements for a codicil?
The exact requirements can depend on the type of will and how the codicil is being used. For a standard written will, Texas Estates Code §251.051 generally requires the will to be in writing, signed by the testator (or signed on the testator’s behalf under the statute), and witnessed by at least two credible witnesses who are at least 14 years old.
Texas law also recognizes holographic wills—wills written wholly in the testator’s handwriting—under §251.052. Because codicils can interact with an existing will in complicated ways, do not assume that simply handwriting a change on the original will makes the change legally effective.
You can read the current requirements in the Texas Estates Code, Chapter 251.
How do you make a codicil in Texas?
- Find your current will. Read the entire document before deciding what needs to change.
- Identify the exact provision you want to change. Be specific about what paragraph, gift, executor appointment, or other provision is being changed.
- State the change clearly. The codicil should identify the existing will and clearly explain what provision is being amended, replaced, or revoked.
- Keep everything else consistent. If the intention is only to change one provision, the codicil should make that clear rather than accidentally creating conflicting instructions.
- Sign it using the required formalities. Do not treat signing the document casually. The execution requirements matter.
- Keep the codicil with the original will. Store the documents together in a safe place and make sure your executor knows where the originals are located.
When is a new will better than a codicil?
A codicil can make sense for a small, clearly defined change. But if you have several changes, your family situation has changed significantly, or your existing will is old and difficult to understand, a new will may be safer and easier to administer.
For example, rewriting the entire will may be worth considering after a marriage, divorce, birth or adoption, death of a beneficiary or executor, major change in assets, or several earlier amendments.
There is no rule that says you must use a codicil just because you already have a will. Sometimes replacing the will creates a much cleaner document.
Can a codicil revoke part of a Texas will?
Yes. Texas Estates Code §253.002 provides that a written will, or a clause or devise in it, may be revoked by a subsequent will, codicil, or written declaration that is executed with like formalities.
This is one reason precision matters. If a codicil changes a gift or another provision, the language should be clear enough that your executor and the probate court can tell exactly what you intended.
What if you have already changed your will several times?
Multiple codicils can make an estate plan harder to understand. If an older will has several amendments, conflicting provisions, or changes to major gifts, consider having the entire estate plan reviewed rather than adding another amendment.
The goal is not simply to create a document that looks official. The goal is to leave instructions that can be understood and followed after your death.
What happens to a self-proved will if you add a codicil?
Texas law specifically addresses this situation. Estates Code §251.106 says that a self-proved will may be contested, revoked, or amended by a codicil in the same manner as a will that is not self-proved.
So adding a codicil does not automatically mean that the original will becomes unusable. The important point is that the amendment still needs to be properly executed.
Common mistakes to avoid
- Writing changes directly on the original will and assuming they automatically count.
- Using vague language such as “I change my will to give everything to my daughter.”
- Failing to identify which earlier provision is being changed.
- Signing without following the required witness formalities.
- Keeping the codicil in a different place from the original will.
- Using several codicils when a clean new will would be easier to understand.
What should you do if your situation is complicated?
A simple change may be straightforward, but estate documents can have consequences for property, spouses, children, beneficiaries, taxes, and probate. If the change involves a large estate, blended family, disinheritance, business interests, a trust, or a possible will dispute, getting advice from a Texas estate-planning attorney is worth considering.
How this fits with making a Texas will
If you do not have a will yet, a codicil is not the place to start. First create a valid will. You can also read our guide on how to create a will in Texas for the basic requirements and signing process.
For broader Texas legal information, visit our Texas State Laws page.
Bottom line
A Texas codicil can be a useful way to make a limited change to an existing will. The key is to make the change clear and follow the legal formalities that apply. Do not rely on a handwritten note, text, email, or informal instruction as a substitute for a properly executed estate document.
Important: This article provides general legal information, not legal advice. Texas estate law can be fact-specific, and laws can change. For a complicated estate or a major change to your will, consider speaking with a qualified Texas attorney.
