Should You Use a Codicil or Create a New Will in Nebraska?
Updating your will is one of those tasks that rarely feels urgent, until life forces the issue. New relationships, a divorce, a new baby, a falling-out with a family member, buying or selling a home, or starting a business can all make your old will feel a little out of date. When that happens, people in Lincoln and across Nebraska often ask the same thing: should I just add a codicil, or is it smarter to write a brand-new will?
From a Nebraska estate-planning perspective, a codicil is usually best reserved for truly minor tweaks, while a new will is the safer option for anything that changes the “big picture.” Under Nebraska law, a codicil has to follow the same formalities as a will: it must be in writing, signed by you, and signed by at least two witnesses. In many cases, it’s just as easy (and often clearer) to sign a fresh will that fully replaces the old one instead of layering amendments on top. A clean new will lets your Personal Representative and the Nebraska probate court work from one integrated document, rather than a packet of mismatched pages.
Codicils made a lot of sense in the typewriter era, when re-typing an entire will was a chore. In the digital age, “patching” an old document often causes more trouble than it saves. Multiple codicils can create inconsistencies, invite arguments about which one controls, and even affect whether your will qualifies as “self-proved,” which can slow things down in probate. And while Nebraska does recognize handwritten (holographic) wills in some circumstances, scribbling changes onto an existing typed will can be legally messy and is often ignored or challenged. The bottom line: if you’re changing who inherits, who raises your kids, or how major assets are handled, a new Nebraska will is usually the smarter, lower-risk choice.
What Is a Codicil Under Nebraska Law?
A codicil is a written amendment to an existing will. In Nebraska, it’s treated as a will for execution purposes, which means it must be in writing, signed by the testator, and signed by at least two witnesses who observe the signing or acknowledgment.
In probate, the court reads your original will and any codicils together as one plan. If everything is clear, this can work fine. The problem is that life is rarely simple, and layered documents can make it harder for your Personal Representative and the Lancaster County Court (or other local probate court) to piece together what you actually intended.
When Might a Codicil Be Enough in Nebraska?
A codicil can be appropriate in Nebraska when the change is small, factual, and doesn’t alter your overall distribution scheme. Think of adjustments like:
Updating a street address or legal name
Correcting a typo that doesn’t change who gets what
Substituting a backup Personal Representative who moved away or passed
Even then, the codicil should clearly identify the will it’s modifying and the exact section being changed. It must also follow Nebraska’s formalities for a valid will. If the “small tweak” starts to spill over into who inherits or how major assets are divided, that’s a sign you’ve crossed into new-will territory.
When Is a New Will the Better, Safer Option?
A new will is usually the right move when the change affects the “heart” of your plan. Examples include:
You got married or divorced.
You had or adopted a child.
You want to remove or disinherit a beneficiary.
You’re adding or changing a trust for tax, disability, or asset-protection reasons.
You’re changing your residuary beneficiary (who gets everything that isn’t specifically listed).
You have a blended family and want to clarify what happens for step-children or children from prior relationships.
Nebraska law already includes rules that partially revoke provisions in favor of an ex-spouse after divorce, but relying on that alone while leaving old language in place is asking for trouble. Updating your will so it clearly reflects your current reality is cleaner and less vulnerable to challenge.
A new will also lets you clean up outdated language, incorporate planning for new assets (like a business or out-of-state property), and coordinate any Nebraska transfer-on-death deeds, beneficiary designations, and trusts so everything works together.
Why Multiple Codicils Can Be a Problem in Nebraska Probate
One codicil can be manageable. Two or three codicils, spread over a decade, can turn into a small construction project for your Personal Representative and the court.
Multiple codicils can:
Create conflicting language between documents
Raise questions about which codicil revoked what
Get separated from the original will, especially if they’re stored in different places
Make it easier for a disappointed heir to argue that a later codicil was the product of undue influence or lack of capacity
In Nebraska, you also want your will to be “self-proved” whenever possible. A self-proved will includes a specific affidavit that lets the court accept the will without having to track down witnesses years later. A brand-new will can be signed with a fresh self-proving affidavit. When you stack codicils on top of an older will, the self-proving setup can get murkier and may slow down the process.
Can You Handwrite Changes on Your Existing Will in Nebraska?
This is where the law and practical advice can feel a little at odds.
Nebraska does recognize holographic (handwritten) wills in certain situations, as long as the material provisions and the signature are in the testator’s handwriting. That’s very different from what most people actually do, which is to pull out a pen and start crossing out sentences or scribbling notes in the margins of a typed will.
Those handwritten notes on a typed will (called “interlineations”) are legally messy. They can trigger arguments about whether you meant to revoke that part of the will, whether the change meets Nebraska’s formalities, or whether the whole document is now invalid. At best, they’re often ignored; at worst, they become Exhibit A in an expensive court fight.
So the practical advice is simple: don’t write on your existing will. If your wishes have changed, use a properly executed codicil or, more often, a brand-new will.
Cost, Convenience, and Self-Proving Wills in Nebraska
A codicil can feel like the “cheap” option, but it’s not always cheaper in the long run. Because codicils must follow the same signing and witnessing requirements as a will, most of the time and coordination is the same. Where things diverge is in probate.
A clear, up-to-date, self-proved will is straightforward for the court. A will plus two codicils, questionable handwritten notes, and no clear revocation language is an invitation for delay, confusion, and potentially litigation. Even if your family never files a formal “will contest,” your Personal Representative may need to hire counsel to sort out the mess.
Think of a new will as preventative maintenance: a modest investment now to avoid bigger, more stressful expenses later.
FAQ: Codicil vs. New Will in Nebraska
Is a codicil just as valid as a new will in Nebraska?
Yes. If a codicil is executed with the same formalities as a will, Nebraska courts treat it as legally effective. The issue isn’t that codicils are “weak,” but that multiple documents can create more opportunities for mistakes or ambiguity.
Does a new Nebraska will automatically revoke old wills and codicils?
A well-drafted Nebraska will should include a “revocation clause” stating that all prior wills and codicils are revoked. Nebraska law also recognizes revocation by a later writing executed with the proper formalities. This is one of the reasons a fresh will is usually cleaner: everyone can point to one controlling document.
Can I rely on a handwritten will instead of seeing a lawyer?
Nebraska may recognize a handwritten (holographic) will that meets statutory requirements, but these are highly fact-specific and often end up in court when there’s any disagreement. For most people, a typed, attorney-drafted, properly witnessed and self-proved will is far safer.
Will a codicil delay probate in Nebraska?
One well-drafted codicil probably won’t cause a major delay on its own. But multiple codicils, unclear language, or questions about execution can absolutely slow things down while the court and lawyers sort out what controls.
How often should I review my Nebraska will?
A good rule of thumb is every three to five years, or after any major life event: marriage, divorce, birth or adoption of a child, death of a beneficiary, significant change in assets, or a move to or from Nebraska. If you’re stacking changes, it’s usually time to talk about a new will.
When to Talk to a Nebraska Estate-Planning Attorney
Whether a codicil or a new will makes more sense for you depends on your specific situation: your family dynamics, your assets, and your goals. The common theme in Nebraska estate-planning and probate cases is that clarity wins. The fewer documents your loved ones and the court have to reconcile, the less room there is for misunderstanding or conflict.
If you live in Lincoln, Lancaster County, or anywhere in Nebraska and you’re not sure whether your current will still reflects your life, it’s worth having it reviewed. A short conversation can usually answer the “codicil vs. new will” question and give you a concrete plan for moving forward.