Your will should change as your life does. The good news is that changing it is straightforward. The bad news is that the most natural way to do it — writing on the original — is also the most likely to fail.
Two correct ways to change a will
- A codicil
- A formal amendment that changes specific parts of the will and leaves the rest in place. It must be signed with the same formalities as a will. Best for a single, simple change, such as a new executor.
- A new will
- A complete replacement that expressly revokes all earlier wills and codicils. Usually the better choice for anything beyond a small change, because it leaves one clean document instead of several that must be read together.
Signing requirements
A typed Texas will or codicil must be signed by you and by two witnesses over the age of 14 who watch you sign. Adding a self-proving affidavit, signed before a notary, means the witnesses will not have to be found and brought to court later. It is strongly recommended.
Texas also recognizes holographic wills — written entirely in your own handwriting and signed — without witnesses. They are valid, but they are a frequent source of litigation over what was meant.
Crossing out a name, writing in a new amount, or initialing a change on a typed will does not validly amend it, and it can create a dispute about whether you meant to revoke part or all of the will. If you want a change, make it properly.
What changes automatically
- Divorce. Texas law generally treats gifts to and appointments of a former spouse, and of that spouse's relatives who are not your own relatives, as if the ex-spouse had died before you. Do not rely on that; update the will.
- Children born or adopted after the will. Texas has rules that can give a child who was not mentioned in the will a share of the estate. Update the will to say what you actually intend.
- Marriage does not revoke a Texas will, which surprises many people. A new spouse may be left out entirely unless you update it.
When to review your will
- Marriage, divorce, or a new partner.
- A birth, adoption or death in the family.
- A move to or from Texas.
- A significant change in assets, such as selling a business or receiving an inheritance.
- A child or grandchild with special needs, addiction or creditor problems.
- Your executor or guardian becoming unable or unsuitable to serve.
- Otherwise, every three to five years.
Review your beneficiary designations at the same time. They control assets your will does not.
Revoking a will
You can revoke a will by signing a new will or a written revocation with the same formalities, or by destroying the original with the intent to revoke it. Destroying a will can leave questions about intent and about copies; a new will is cleaner.
Common questions
My will was signed in another state. Is it still valid?
Generally yes, if it was valid where it was signed. It is still worth a Texas review, especially regarding community property, independent administration and self-proving language.
Can I change my will if I have been diagnosed with dementia?
Possibly. Capacity is judged at the moment of signing. An attorney can assess it and document it carefully to reduce the risk of a later contest.
This guide is general information about Texas law as of September 2026, not legal advice for your situation. Laws and dollar figures change, and small facts change outcomes. Reading it does not create an attorney-client relationship. Grover C. Peters III is responsible for this content.