Florida Codicil: How to Amend a Will Without Replacing It

Fla. Stat. § 732.502 codicil requirements + when a codicil is appropriate vs a new will

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A Florida codicil is a legal document that amends, supplements, or partially revokes an existing will. Codicils let you make targeted changes to a will — updating a beneficiary, changing the personal representative, or revoking a specific gift — without redoing the entire will. They are governed by Fla. Stat. § 732.502, which requires the same execution formalities as the original will: in writing, signed by the testator, in the presence of two witnesses, who each sign in the presence of the testator and each other.

Florida Codicil — Frequently Asked Questions

What is a codicil to a Florida will?

A codicil is a legal document that amends, supplements, or partially revokes an existing Florida will without replacing it. Under Fla. Stat. § 732.502, a codicil must be executed with the same formalities as a will: in writing, signed by the testator, in the presence of two witnesses, who each sign in the presence of the testator and each other. Common uses: adding a beneficiary, changing the personal representative, updating a specific gift after a life event, or revoking a clause that no longer reflects the testator’s intent.

How do you make a codicil in Florida?

To make a valid Florida codicil: (1) write it as a separate document clearly identifying the original will (date and testator’s name); (2) describe the specific changes being made; (3) sign it as the testator; (4) have two witnesses present together; (5) each witness signs in the presence of the testator and each other; (6) include a self-proving affidavit notarized at the same time (recommended). Without these formalities, the codicil is invalid and the original will remains unchanged.

Is it better to make a codicil or a new will in Florida?

For minor changes (one or two specific items), a codicil is appropriate. For substantial changes (multiple beneficiaries, restructured distributions, new representative selections, change in marital status), drafting a NEW will is typically cleaner. Multiple codicils stacked on an old will create confusion at probate and increase the chance of inconsistencies. As a rule of thumb: one codicil for one small change; new will for anything more comprehensive.

Does a codicil need to be notarized in Florida?

The codicil itself does not require notarization under Fla. Stat. § 732.502 — only the two-witness signing requirement. However, you should include a notarized self-proving affidavit (under Fla. Stat. § 732.503) signed by the testator and both witnesses at the same time. The self-proving affidavit lets the codicil be admitted to probate without calling witnesses to testify, just like a self-proving will.

Can I write a codicil myself in Florida?

You can, but you face the same risks as drafting your own will. Common mistakes that invalidate codicils: missing witness presence requirements, ambiguous language about what’s being changed, conflicting provisions with the original will, failure to properly reference the will being amended, and execution defects. Florida probate courts strictly enforce the formalities, and an invalid codicil can disrupt the entire estate. Attorney-drafted codicils typically cost $300-$600.

How many codicils can a Florida will have?

There’s no statutory limit on the number of codicils. However, more than 2-3 codicils on a single will tends to create confusion at probate — beneficiaries dispute which provisions control, and the court has to reconcile potentially conflicting amendments. Best practice: after 2 codicils, draft a fresh will incorporating all the desired terms.

Does a codicil need to be filed with the court in Florida?

Not during your lifetime. The codicil stays with the will in your possession. After your death, your personal representative files the will and any codicils together with the probate court when opening administration (Fla. Stat. § 732.901). Some Florida counties also allow deposit of wills and codicils with the clerk during the testator’s lifetime for safekeeping (Fla. Stat. § 732.901(3)).

Can a codicil revoke a Florida will entirely?

Yes — but at that point you’re effectively writing a new will, so it’s cleaner to just draft a new will. A codicil can revoke specific provisions of the will (a gift, an executor, a guardianship designation), or it can revoke the entire will and substitute completely new terms. Florida law treats a codicil that effectively rewrites the will as a new will requiring its own self-proving affidavit and meeting all § 732.502 formalities.