To change a will in New York with a codicil, you create a short written amendment that names the will it modifies, states the specific change, and is then signed and witnessed with the exact same formalities as the original will — at least two attesting witnesses under New York’s Estates, Powers and Trusts Law (EPTL) §3-2.1. A codicil does not replace your will; it sits alongside it and updates one or more provisions. Get the signing formalities wrong and the codicil is invalid, which can leave your estate following the older terms or, in the worst case, create confusion that a Surrogate’s Court has to untangle. This guide explains, in plain language, how codicils work for today’s New York families under the rules in effect in 2026.
What a Codicil Actually Is
A codicil is a legally binding supplement to an existing will. Think of it as an official footnote: the will remains the primary document, and the codicil amends, adds, or removes specific terms. Common reasons New Yorkers use a codicil include:
- Changing or adding a beneficiary after a marriage, birth, or estrangement
- Naming a different executor or guardian
- Updating a specific gift (a property, an account, an heirloom)
- Correcting a name change or a typo in the original will
Because a codicil only touches the parts you name, the rest of your original will stays in force exactly as written. That is its appeal — and also its risk, because a poorly drafted codicil can contradict the will it amends.
The 2026 Rule That Matters Most: Same Formalities as the Will
The single most important point in this entire article: a codicil must be executed with the same formalities as the will itself. A handwritten note in the margin, an initialed change, or a signed sticky note is not a valid codicil in New York. The signing requirements come straight from EPTL §3-2.1.
Here is what New York law requires for both a will and a codicil:
| Requirement | What EPTL §3-2.1 Says |
|---|---|
| Signature placement | The testator must sign at the end of the document (or another person may sign in the testator’s presence and at their direction). |
| Witnesses | At least two attesting witnesses are required. |
| Witness timing | Both witnesses must sign within one 30-day period (the law presumes this requirement is met, a presumption that can be rebutted). |
| Publication | The testator must declare the instrument to be their will (or codicil to it). |
| Acknowledgment | The testator signs in the witnesses’ presence or acknowledges the signature to each witness. |
| Witness duties | Witnesses sign at the testator’s request and add their residence addresses. |
If you want a refresher on these steps for the original document, our NY will requirements page and our will execution walkthrough cover each formality in detail. The takeaway: a codicil is signed exactly like a will, with the same two-witness ceremony.
How to Change Your Will With a Codicil: Step by Step
- Identify the original will. Reference it precisely — its date and that it is your last will. The codicil should state that it amends that specific instrument.
- State the change clearly. Name the article or paragraph you are modifying and write the new language so it cannot be read two ways. Ambiguity is what gets litigated.
- Confirm the rest stays in force. A well-drafted codicil expressly republishes and ratifies all parts of the will not changed.
- Execute it like a will. Sign at the end, declare it to be a codicil to your will, and have two witnesses sign within a 30-day window and add their addresses.
- Store it with the original. Keep the codicil physically attached to or stored with the will so both are found together at death.
For more on amendments specifically, see our codicils and amendments overview, and for the foundation of any plan, our will drafting overview.
When a Codicil Is the Wrong Tool — Just Redo the Will
Modern estate practice leans toward replacing the entire will when changes are substantial. Codicils were essential in the typewriter era when retyping a whole will was costly. Today, drafting a clean new will is fast and avoids the danger of two documents that disagree.
Use a new will instead of a codicil when:
- You are changing several major provisions at once
- The original will is old and no longer reflects your family or assets
- You have remarried, divorced, or had children
- You want a single, clean document with no chance of conflicting language
A new will should include a clause revoking all prior wills and codicils. When changes are minor — swapping one executor, adjusting one gift — a codicil is efficient and perfectly valid.
What Happens If You Get It Wrong
A will, and any codicil to it, takes effect only at death and must be admitted to probate in the Surrogate’s Court. If a codicil fails the EPTL §3-2.1 formalities, the court may disregard it and probate the original will as written. If both fail, the estate could pass under New York’s intestacy rules in EPTL Article 4 — distribution to next of kin, which may not match your wishes at all. (See our intestacy / no will page for how that default works.)
One more modern caution: a codicil cannot be used to cut a surviving spouse out entirely. New York’s spousal right of election under EPTL 5-1.1-A lets a surviving spouse claim a minimum share regardless of what the will or codicil says.
And do not confuse this with a “living will.” A living will is a health-care document that states your end-of-life and medical wishes — it has nothing to do with distributing property. Our living will page explains that separate document.
FAQ
Does a codicil need to be notarized in New York?
New York does not require notarization for a will or codicil to be valid. What it requires is two attesting witnesses and the EPTL §3-2.1 formalities. Attorneys often add a self-proving affidavit (which is notarized) to simplify probate later, but the witnesses are the legal essential.
Can I just handwrite a change on my existing will?
No. Marking up, crossing out, or adding handwritten notes to a signed will does not legally change it and can even raise questions about the will’s validity. Any change must be made through a properly executed codicil or a new will.
How many witnesses does a codicil need?
At least two attesting witnesses, the same as a will. Both must sign within one 30-day period and add their residence addresses, signing at your request.
Is a codicil or a new will better in 2026?
For one or two small changes, a codicil is fine. For multiple or major changes — especially after marriage, divorce, or new children — a new will that revokes prior documents is cleaner and avoids contradictions between two instruments.
Speak With a New York Estate Attorney
A codicil is a small document with a high failure rate when the formalities are missed. Whether you need a quick amendment or a fresh will built for your family in 2026, the team at Morgan Legal Group, led by Russel Morgan, Esq., can make sure it is executed correctly the first time.
Schedule your consultation with Russel Morgan, Esq.
Further reading from Morgan Legal Group: New York will execution requirements.