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Does a Codicil Have to Be Notarized? Texas Estate Planning

A codicil is a legal amendment to a will that allows a testator to make changes without rewriting the entire document. Many people wonder whether a codicil needs to be notarized for it to be legally valid in Texas. The short answer is no, a codicil does not have to be notarized, but notarization can simplify the probate process.

What is a Codicil?

A codicil is a legally binding document used to make modifications to an existing will. It can add, remove, or alter provisions in the original will while maintaining the integrity of the overall estate plan. Codicils are commonly used for:

• Updating beneficiaries
• Changing executors
• Adding or removing assets
• Clarifying ambiguous language

Does a Codicil Have to Be Notarized in Texas?

Under Texas law, a codicil does not need to be notarized to be legally valid. However, certain legal requirements must be met for the codicil to be enforceable.

Legal Requirements for a Codicil in Texas

To be valid in Texas, a codicil must:

1. Be in writing – Verbal modifications to a will are not recognized in Texas.
2. Be signed by the testator – The person making the codicil must sign the document.
3. Be witnessed by two credible individuals – Two witnesses must sign the codicil in the presence of the testator unless it is a holographic codicil.

When is Notarization Beneficial?

Even though notarization is not required, it offers several advantages:

• Creates a Self-Proving Codicil: If the codicil includes a notarized self-proving affidavit, the witnesses do not have to testify in probate court.
• Reduces Probate Challenges: A notarized codicil may prevent disputes about the testator’s intent.
• Enhances Legitimacy: Notarization adds an extra layer of credibility to the document.

Holographic Codicils: A Special Case

A holographic codicil is entirely handwritten and signed by the testator. Unlike typed codicils, holographic codicils do not require witnesses or notarization to be valid in Texas.

How to Create a Valid Codicil in Texas

If you need to modify your will, consider these steps:

1. Determine the Changes: Clearly outline the modifications to your will.
2. Draft the Codicil: Write the changes in a legally clear manner.
3. Sign the Document: Ensure you sign the codicil to confirm its authenticity.
4. Have Two Witnesses Sign: If the codicil is typed, two witnesses must sign in your presence.
5. Notarize (Optional but Recommended): Adding a notary’s signature strengthens the document.

Conclusion

A codicil does not have to be notarized in Texas, but doing so can make probate proceedings smoother and minimize legal challenges. If you’re unsure about modifying your will, consult a probate attorney to ensure your estate plan remains legally sound.