Before proceeding, please review the  legal disclaimer.

Does a Codicil Have to Be Notarized in Texas? (2025 Estate Planning Guide)

Wills aren’t always set in stone. Life changes—marriages, new grandchildren, shifting priorities—can all make you want to tweak your will. But do you have to start from scratch?

Not necessarily. Enter the codicil—a legal way to update your will without rewriting the whole thing. But here’s the million-dollar question:

Does a codicil have to be notarized in Texas?

Let’s walk through the answer, step by step.

What Is a Codicil?

A codicil is a written amendment to an existing will. It allows you to:

• Add or remove beneficiaries

• Change your executor

• Clarify certain terms in the original will

Think of it like an update or patch to your original legal document.

Does Texas Law Require Notarization?

Short answer: No—but it’s highly recommended.

Under Texas law, a codicil is valid as long as it meets the same formalities as a will:

It must be:

• In writing

• Signed by the person making it (the testator)

• Witnessed by two credible witnesses who are at least 14 years old and not beneficiaries

Notarization is not required to make it valid, but…

If you want to make your codicil self-proving (so it can be admitted to probate without your witnesses appearing in court), then yes—it needs to be notarized along with a self-proving affidavit.

What Is a Self-Proving Codicil?

A self-proving codicil includes a notarized affidavit signed by you and your two witnesses. This affidavit confirms:

• You willingly signed the codicil

• You were of sound mind

• The witnesses were present and saw you sign it

Why does this matter? Because it makes probate much smoother.

Without it, your loved ones may have to track down the original witnesses—which can cause delays or disputes.

When Should You Use a Codicil Instead of a New Will?

Codicils are best for simple changes. For example:

• Swapping out an executor

• Removing a single beneficiary

• Changing a gift amount

If you’re making major structural changes (like dividing everything differently or updating multiple clauses), it’s often cleaner to create a new will.

Real-Life Example: A Small Update Gone Wrong

“Margaret,” a Houston resident, wanted to leave her car to her nephew instead of her neighbor. She wrote a codicil, but didn’t get it witnessed or notarized.

After her death, the court ruled the codicil invalid. Her neighbor got the car.

Lesson: Follow the formalities—even for small updates.

How to Properly Execute a Codicil in Texas

Step 1: Draft the Codicil

• Clearly identify it as an amendment to your original will

• State which section you’re changing

Step 2: Sign It

• In front of two witnesses who aren’t beneficiaries

Step 3 (Optional but Smart): Notarize It

• Use a self-proving affidavit to streamline probate

Step 4: Keep It Safe

• Store it with your original will in a secure location

• Let your executor know where it’s kept

How The Lange Firm Can Help

At The Lange Firm, we help Texans:

• Draft legally sound codicils

• Avoid probate problems

• Understand when to amend vs. rewrite a will

We’ll make sure your wishes are crystal clear—and legally enforceable.

Final Takeaway

A codicil doesn’t have to be notarized in Texas—but it should be.

Adding a self-proving affidavit can save your family time, money, and stress later on. If you’re thinking about making changes to your will, talk to The Lange Firm today.

Let’s get your plans updated the right way.