How do you change or revoke a Will in Texas?
Do not edit a signed Will with a pen and assume the revision works. Texas law recognizes specific ways to revoke all or part of a written Will. A later Will, a codicil, or another written declaration must be executed with the required formalities, or the testator must destroy or cancel the Will in the manner the statute describes.
The goal is not merely to show that someone changed a mind. The later evidence must tell a probate court which instrument controls.
A new Will can replace the old instructions
A properly executed later Will can revoke the earlier Will. In practice, the new document should make the intended revocation clear and restate the complete plan so the family is not forced to read several instruments together.
The new Will still has to satisfy the Texas execution rules that apply to it. Calling a document “my new Will” does not supply a missing signature or witness, no matter how clearly the title is written.
A codicil changes part of the Will
A codicil is a testamentary instrument that amends a Will. It can change a gift, fiduciary, or other provision without restating every clause. It must be executed with Will formalities.
Codicils can be useful. They can also make the file harder to read. If a Will has several codicils, the executor and court must assemble the final instruction from several signed documents. A clean replacement Will may be easier when changes are substantial, but the right method depends on the actual plan and facts.
Physical revocation requires a deliberate act
Texas Estates Code Section 253.002 permits revocation when the testator destroys or cancels the Will, or directs another person to do so in the testator’s presence.
That route creates practical questions. Was the act intentional? Which original was affected? Was only one clause marked? Did someone else destroy the document, and if so, was the testator present? What instructions, if any, remain after the act?
A family should not have to reconstruct revocation from a torn page and three different stories.
Revocation and replacement are not the same result
Destroying a Will can remove instructions without supplying new ones. If no valid earlier Will is revived or later Will controls, some or all of the probate estate may pass under Texas intestacy law. That outcome may be very different from the plan the testator intended to create.
A replacement plan asks two questions at once: what old instructions should stop, and what complete instructions should govern instead? The new Will should answer both. It should also coordinate with the trust, deeds, account agreements, and beneficiary forms that may transfer property outside the Will.
Do not treat the old paper as the only evidence. A later Will can revoke an earlier Will even while the earlier original still exists. Conversely, a missing original can create proof and revocation questions rather than a simple conclusion. Keep a record of what was executed, where the controlling original is stored, and what counsel advised should happen to superseded originals and copies.
Handwritten edits on a signed Will are dangerous evidence
Crossing out a beneficiary, writing a new name in the margin, or initialing a changed dollar amount may show dissatisfaction with the old language. It does not by itself show that the statutory method for a valid amendment or revocation was completed.
The event is small: one line through a name. The consequence can be large: a probate dispute over the old gift, the attempted change, and the property that follows from each reading. Use a properly executed instrument instead of asking handwriting and guesswork to carry the plan.
Divorce changes some provisions, not the entire plan
Unless the Will expressly provides otherwise, Texas Estates Code Section 123.001 generally reads provisions for a former spouse, and certain relatives of that former spouse, as if those persons failed to survive the testator after divorce, annulment, or a declaration that the marriage is void.
That statutory rule is not a substitute for review. It may change gifts and appointments without supplying the new beneficiaries, executors, trustees, guardian choices, deeds, and beneficiary forms the person now wants. Some insurance and retirement arrangements are governed by separate statutes and federal law.
After marriage, divorce, or remarriage, review the whole transfer map. The public Lawyer for Life® overview explains why a signed plan still needs maintenance.
Primary sources and legal boundary
Reviewed August 19, 2026. Primary Texas sources:
- Texas Estates Code Chapter 253, change and revocation of Wills
- Texas Estates Code Chapter 251, execution and self-proof
- Texas Estates Code Chapter 123, dissolution of marriage
This article does not determine whether a mark, later document, destruction, divorce, or missing original revoked a particular provision. Those questions require the instruments and facts. This is general information and does not create an attorney-client relationship.
Make one clear set of instructions
Bring the current Will, every codicil, and the facts that changed. Decide what the complete plan should say now, then execute and store the controlling document so the right person can find it.