Codicil: What It Means, How It Works, When to Use It
By Markets & Investing DeskUpdated Nov 10, 2026
Definition
A codicil is a separate legal document that changes specific parts of an existing will without replacing it, and it must be signed and witnessed with the same formalities as the will.
Key takeaways
- A codicil amends a will. It is a separate document that is read together with the original.
- Only the person who made the will can create a codicil to it.
- It must meet the same signing and witnessing requirements as the will itself, typically two witnesses.
- A codicil can make small edits or change the will substantially, including revoking parts of it.
A codicil is a separate legal document that changes an existing will without replacing it. The person who made the will (the testator) uses it to add, remove or alter specific provisions while the rest of the will stays in force. Because a codicil carries the same legal weight as the will, it must be signed and witnessed with the same formalities.
How a Codicil Works
A codicil does not stand alone. It names the will it modifies, usually by its date, and states exactly which provisions change. Everything not mentioned remains as originally written, so the two documents are read as one set of instructions.
When the testator dies, the executor submits the will and every valid codicil to the probate court. The court treats them as a single testamentary plan. If a codicil conflicts with the will, the later document generally controls on that point, because it reflects the testator’s more recent intent. Under the long-standing doctrine of republication, a valid codicil can also have the effect of re-executing the will as of the codicil’s date. This can matter when the original will had a defect that the codicil’s proper execution cures.
Courts generally interpret a codicil by its own words and by any recitals it contains, such as “I give my house at 12 Oak Street to my son.” Vague wording invites disputes, so clarity matters more than length.
Codicil vs. Addendum in Real Estate
A codicil and a real estate addendum both add to an existing document, but they are not the same.
| Codicil | Real estate addendum | |
|---|---|---|
| Modifies | A will | A contract, such as a purchase agreement or lease |
| Who signs | The testator alone, plus witnesses | All parties to the contract |
| Takes effect | At the testator’s death, through probate | Once the parties sign it, during the transaction |
| Formalities | Same as the will (typically two witnesses) | Same as the underlying contract |
A real estate addendum might add an inspection contingency, extend a closing date or specify which appliances convey with a house. It binds the buyer and seller because both agree to it.
Real estate can still appear in a codicil. A testator who sells one home and buys another can use a codicil to redirect the specific gift of property to the new address. That change affects who inherits the real estate, not the sale contract.
Other Documents People Confuse With a Codicil
- A new will. A new will normally revokes all prior wills and codicils and starts fresh. A codicil leaves the old will in place.
- A trust amendment. A revocable living trust is changed with a trust amendment or a full restatement under the trust’s own terms, not with a codicil. Assets held in a trust fund pass under the trust document, so a codicil to a will does not change them.
- Beneficiary designations. Retirement accounts and life insurance pass to the named beneficiary on file with the provider. Changing the will through a codicil does not override those forms.
When to Use a Codicil
A codicil fits targeted, limited updates, such as:
- Changing the executor (personal representative)
- Naming a different guardian for minor children
- Updating a beneficiary’s name after marriage or divorce
- Adding a specific gift, such as a piece of jewelry or a car
- Recording funeral or end-of-life preferences
A new will is usually the better choice when the change reshapes the plan: adding a new spouse, removing a beneficiary, changing how shares are divided among heirs, or reflecting a divorce. Since a codicil needs the same signing formalities as a will, the extra effort of a full rewrite is often small. A fresh document also avoids leaving the original wording on record for disappointed heirs to read.
How to Write a Codicil
The basic steps are:
- Title the document as a codicil to your existing will and identify yourself.
- State the date of the codicil and the date of the will it amends.
- Describe each change precisely, quoting the clause being replaced or revoked and the exact new wording.
- Include a statement that the will remains in effect except as changed.
- Sign and date it in front of at least two witnesses, who then sign in your presence.
Use witnesses who are not beneficiaries, since an interested witness can create problems in many states. Keep the signed codicil with the original will so the executor finds both, and tell the executor that it exists. An estate planning attorney can confirm that the codicil meets your state’s requirements, which vary on details such as witnessing and self-proving affidavits.
Example of a Codicil
Hypothetical example. Maria signed a will in 2019 naming her brother Luis as executor and leaving her condominium to her niece. In 2024 Luis moves abroad, and Maria wants her friend Dana to serve instead. Nothing else changes.
Maria’s codicil states that it is the first codicil to her will dated March 10, 2019. It revokes the clause appointing Luis, appoints Dana as executor, and confirms that all other provisions remain in effect. She signs it before two witnesses who receive nothing under the will. At her death, the probate court reads the will and the codicil together: the niece still inherits the condominium, and Dana administers the estate.
Limitations of a Codicil
- Same formalities, same risks. A codicil that is not properly signed and witnessed can be invalid, leaving the old provision in force.
- Conflicts and ambiguity. Poorly drafted language can contradict the will and push the question to a court.
- Stacking. Several codicils over the years make the plan harder to follow and easier to challenge.
- Lost documents. If a codicil is not found and filed, the will may be probated without it, and the testator’s later wishes may not be carried out.
- Challenges. A codicil can be contested on the same grounds as a will, such as lack of capacity or undue influence. Because a codicil is often signed later in life, close to the changes it makes, heirs who lose out sometimes target it specifically.
FAQs
Does a codicil have to be notarized?
Not in most states. A codicil generally must be in writing, signed by the testator and witnessed by at least two people who are not beneficiaries. Louisiana is the exception that also requires a notary. Elsewhere, notarization is optional, though a notarized self-proving affidavit can simplify probate where it is recognized.
The Bottom Line
Anyone with a will who needs a small, targeted update, such as a new executor or guardian, can use a codicil if it is drafted precisely and witnessed properly. Larger changes to how the estate is divided usually call for a new will, which takes similar effort and avoids stacked documents. Keep any codicil with the original will, tell the executor about it, and have an attorney check state requirements.
