How to Change a Will

Altering a will

You cannot edit a will itself. Striking out clauses or writing in changes will result in you needing to write an entirely new document. So, if you need to make a small change to an existing will, such as changing your executor, you can execute a codicil to the will.

A codicil is an amendment to your old will that leaves the old will valid and in effect. A codicil can be used to alter or add a provision in your will, such as leaving your newly acquired boat to your grandson.

A codicil has to be executed and signed exactly as you would a will, but there is no standard codicil form. While it is a helpful tool, there are a few risks they bring up: The codicil could get separated from the will and lost or create will challenges, so they should be created with caution.

Your will should change with your life. Making changes to your will allows you to keep it current and ensure all of your wishes are carried out. It is important to know how to update a will in a way that is legal and carefully planned.

Cost of changing a will

The cost to change a will varies depending on the method you choose and the complexity of your updates. Understanding your options can help you decide whether to hire an attorney or take a more affordable DIY approach.

Here's what you can expect to pay:

• Attorney-drafted new will. $300 to $1,000 or more, depending on your location, the attorney's experience, and the complexity of your estate
• Attorney-prepared codicil. $100 to $500, though this only makes sense for minor changes
• Online legal services. $20 to $150 for most basic will updates or new wills

Several factors affect the final cost. Attorneys in major metropolitan areas typically charge more than those in smaller towns. Complex estates involving trusts, business interests, or tax planning require more time and expertise. If you have assets in multiple states or a blended family with specific inheritance goals, expect to be on the higher end of attorney fees.

Because creating a new will and preparing a codicil often cost similar amounts when using an attorney, many estate planning professionals recommend drafting a new will rather than a codicil. A new will is cleaner, reduces the risk of lost documents, and eliminates confusion about which provisions remain in effect. For straightforward estates without complex planning needs, online services offer a cost-effective alternative that still produces a legally valid document.

Changing a will after the testator's death

Once the person who created the will (the testator) dies, the will becomes a fixed legal document. Generally, no one—including the executor, family members, or beneficiaries—can unilaterally change the terms of the will after death.

There are limited exceptions to this rule:

• Family settlement agreements. In some states, if all beneficiaries agree, they can modify how assets are distributed through a written agreement. This doesn't technically change the will but alters how the estate is divided.
• Court reformation. Courts may reform a will to correct clear mistakes, such as typos or obvious drafting errors, or to resolve ambiguous language that makes the testator's intent unclear.
• Disclaimers. A beneficiary can refuse an inheritance, which causes the asset to pass to the next person named in the will or according to state intestacy laws.

Executors have a legal duty to follow the will as written. They cannot change who receives assets, alter the amounts distributed, or modify any terms based on their own judgment or family pressure. If an executor deviates from the will's instructions, they can be held personally liable and removed from their role.

Will contests are sometimes confused with changing a will, but they serve a different purpose. A will contest challenges the validity of the document itself, claiming it was signed under duress, the testator lacked mental capacity, or the will wasn't properly executed. A successful contest doesn't change the will; it invalidates it entirely, causing the estate to be distributed according to a previous valid will or state law.

FAQs on changing a will

Should I update my will when I get married?

Yes, you should create a new will that includes your spouse. While most states automatically give a portion of your estate to a spouse, updating your will ensures you decide exactly what to leave them.

What happens to my will if I get divorced?

If you divorce, you should update your will. Most states revoke provisions for divorced spouses in wills, but it's best to create a new will to ensure your estate is distributed according to your current wishes and to name other beneficiaries for assets previously left to your former spouse.

Do I need to update my will when I have a baby?

Yes, updating your will when you have a child allows you to name a guardian should you die while they're a minor. While many states have provisions for "after-born children," specifying your wishes ensures your child's care is clearly documented.

Should I include stepchildren in my will?

Stepchildren do not automatically inherit from a stepparent, so if you want to leave something to a stepchild, you must specifically include them in your will. Update your will to reflect your wishes for any stepchildren you want to provide for.

When should I update my will if my circumstances change?

Update your will if beneficiaries or your executor pass away, if your financial situation changes significantly, or if you acquire new valuable assets. If your will leaves property you no longer own, that beneficiary may inherit nothing unless you update the document.

Should I update my will when I move to another state?

Wills that are valid in one state are generally recognized in other states, but reviewing your will after a move is still a smart decision. State laws vary on execution requirements—some states require two witnesses while others require three, and notarization or self-proving affidavit requirements differ. More significantly, states handle property rights differently, particularly community property states versus common law states.

Consider consulting an estate planning attorney in your new state to ensure your will meets local requirements and takes advantage of any state-specific planning opportunities. You should also update your will if you've sold property mentioned in the document or acquired new real estate in your new state. Homestead protections, which affect how your primary residence passes to heirs, also vary significantly by state and may impact your estate plan.