How to Use a Codicil to Amend Your Wyoming Last Will

Taking a ballpoint pen to cross out a figure or write a new beneficiary's name in the margin of your existing Last Will and Testament is one of the costliest mistakes a Wyoming property owner can make. When that altered document is eventually presented to a District Court judge in Cheyenne, Casper, or Sheridan, those unattested handwritten interlineations are routinely disregarded-or worse, they trigger a contentious lawsuit over whether you intended to cancel the entire clause. Modifying an established estate plan requires adherence to strict statutory execution rules.

Rather than paying to rewrite a lengthy testamentary instrument from scratch for a single straightforward update, Wyoming law allows you to execute a formal supplement known as a codicil. Under Wyo. Stat. Ann. § 2-1-301, the statutory definition of a will explicitly includes a codicil, meaning the amendment carries the full legal weight of a primary will once properly witnessed. Following the statutory procedures for drafting, executing, and attaching a codicil ensures your updated wishes are honored without inviting a probate contest.

Wyoming Execution Requirements for a Valid Codicil

Because Wyo. Stat. Ann. § 2-1-301 defines a codicil as a will under the Wyoming Probate Code, every formal codicil must satisfy the exact same statutory execution formalities as an original Last Will and Testament. In In re Estate of Reed, 672 P.2d 829 (WY Supreme Court 1983), the Wyoming Supreme Court, Cheyenne emphasized that courts have zero authority to stretch, expand, or excuse statutory probate formalities for testamentary instruments that fail to meet express legislative standards.

To execute a legally binding typed codicil in Wyoming, you must comply with the following statutory mandates:

• Testamentary Capacity: Under Wyo. Stat. Ann. § 2-6-101, you must be of legal age (18 years or older) and of sound mind at the moment you sign the codicil.
• Written Instrument and Testator Signature: Under Wyo. Stat. Ann. § 2-6-112, the codicil must be in writing or typewritten and signed by you (or by someone in your presence and by your express direction).
• Two Competent, Disinterested Witnesses: Wyo. Stat. Ann. § 2-6-112 requires the codicil to be attested by at least two competent witnesses. Under Wyo. Stat. Ann. § 2-6-115, any person generally competent to be a witness may act as a witness to a will or codicil. However, if a subscribing witness is also a beneficiary gaining a new or increased gift under the codicil, Wyo. Stat. Ann. § 2-6-112 voids any bequest exceeding that witness's intestate share unless two other disinterested witnesses also sign.
• Holographic Codicil Exception: Under Wyo. Stat. Ann. § 2-6-113, a codicil written entirely in the handwriting of the testator and signed by the testator is valid without witnesses. However, mixing typed text with handwritten edits violates Wyo. Stat. Ann. § 2-6-113 and renders an unwitnessed amendment void.
• Self-Proving Affidavit: Attaching Form W.S. 2-6-114, Wyoming, District Court, Self-Proving Will Affidavit signed by you and your two witnesses before a notary public allows the codicil to be admitted to probate under Wyo. Stat. Ann. § 2-6-204 without calling witnesses to testify in court.

When to Use a Codicil vs. a New Will

While a codicil was historically popular in the era of manual typewriters, modern word processing makes executing a completely restated Last Will and Testament just as simple as signing a codicil. More importantly, both your original will and every subsequent codicil must be filed with the District Court clerk after your death under Wyo. Stat. Ann. § 2-6-119, becoming public record for all heirs and devisees to inspect.

Adding or Removing a Beneficiary

Whether a codicil is appropriate for beneficiary changes depends heavily on family dynamics. If you are adding a charitable bequest to a local Wyoming foundation, including a newly born grandchild, or increasing a trusted friend's share, a codicil works cleanly because nobody feels slighted when reading the original will alongside the amendment. Furthermore, if you only wish to change who receives specific tangible items-such as a saddle, artwork, or a classic truck-and your existing will references a personal property list under Wyo. Stat. Ann. § 2-6-124, you can simply sign and date a revised tangible property statement without needing a formal codicil at all.

Conversely, if you are removing a beneficiary or reducing a family member's inheritance, using a codicil is rarely advisable. Because the original will and the codicil are filed together at the Laramie County District Court, Cheyenne or the Natrona County District Court, Casper, the disinherited person will see exactly what they were originally slated to receive and when they were cut out. That visibility frequently provokes a will contest under Wyo. Stat. Ann. § 2-6-301 alleging undue influence or lack of capacity at the time the codicil was signed. Drafting a brand-new will that revokes the prior instrument allows you to destroy the old document so the prior gift is not highlighted in the probate file.

Updating Your Executor via Codicil

One of the best and most common uses for a Wyoming codicil is updating your nominated personal representative (executor) or alternate guardian for minor children. If the executor named in your original will has passed away, moved out of state, or developed health issues, a targeted codicil can replace the specific article nominating the fiduciary while ratifying all property distribution clauses.

When updating your executor via codicil, ensure the amendment specifically addresses bond requirements under Wyo. Stat. Ann. § 2-3-111 so your newly named representative is not forced to purchase a costly fiduciary surety bond before receiving Form W.S. 2-6-210, Wyoming, District Court, Letters Testamentary. Additionally, under In re Wilson's Estate, 397 P.2d 805 (WY Supreme Court 1964), executing a valid codicil republishes and reaffirms your underlying will as of the date of the codicil, which can cure earlier ambiguities or revive an instrument that remained in existence.

Step-by-Step Process in Wyoming to Execute a Codicil

Whether you reside in Laramie, Jackson, Gillette, or Green River, creating an enforceable codicil that will pass scrutiny in a Wyoming District Court requires following six structured steps.

Step 1: Locate Your Original Will and Identify Exact Clauses

Retrieve your original signed Last Will and Testament. Note the exact title of the document, the date it was executed, and the specific article and paragraph numbers you intend to modify. Never write on, staple over, or cross out text on the original will itself.

Step 2: Draft the Codicil With Precise Reference Language

Title the document clearly (for example, First Codicil to the Last Will and Testament) and state your full legal name and Wyoming county of residence. Explicitly identify the date of your original will, quote the exact article or section being revoked or amended, set forth the new replacement text in full, and include a republication clause stating that in all other respects you ratify, confirm, and republish your original will.

Step 3: Assemble Two Disinterested Witnesses and a Notary Public

Arrange to sign the codicil in front of two adult witnesses who are not named as beneficiaries in either your original will or the codicil, along with a Wyoming notary public. While the court in In re Estate of Zelikovitz, 923 P.2d 740 (WY Supreme Court 1996) confirmed that a notary public can legally count as one of the two witnesses if needed, best practice is always to have two separate witnesses plus a notary so you can complete a self-proving affidavit.

Step 4: Conduct the Formal Signing Ceremony

Declare to the witnesses and notary that the document is a codicil to your Last Will and Testament. Sign and date the codicil in the simultaneous presence of both witnesses, and have both witnesses sign the attestation clause in your presence and in the presence of each other, satisfying Wyo. Stat. Ann. § 2-6-112.

Step 5: Execute the Self-Proving Will Affidavit

Immediately attach or incorporate Form W.S. 2-6-114, Wyoming, District Court, Self-Proving Will Affidavit at the end of the codicil. Have yourself and both witnesses sign the sworn statutory statement before the notary public, who will affix their official seal. Under Wyo. Stat. Ann. § 2-6-204, this step eliminates the need to track down the codicil witnesses when your estate is opened at the Albany County District Court, Laramie or the Teton County District Court, Jackson.

Step 6: Store the Codicil With Your Original Will

Keep the signed original codicil physically together with your original Last Will and Testament in a secure, fireproof location, and provide copies to your personal representative. Upon your passing, the custodian must deliver both the original will and all codicils to the District Court clerk within 10 days pursuant to Wyo. Stat. Ann. § 2-6-119.

How Much Does it Cost in Wyoming?

The financial cost of amending a will in Wyoming depends on whether you use a statutory personal property list, a formal codicil, or a restated will:

• Attorney Fees for a Codicil: Having a licensed Wyoming estate planning attorney draft and supervise the execution of a straightforward codicil typically costs between $150 and $400.
• Attorney Fees for a New Restated Will: If your changes are extensive or involve disinheriting a beneficiary, drafting a completely new Last Will and Testament generally costs $300 to $800 for an individual.
• Notary Public Fees: Under Wyo. Stat. Ann. § 32-3-126, a Wyoming notary public may charge a maximum fee of $10 per notarial act (or up to $25 for remote online notarization, though physical presence is strongly preferred for wills and codicils).
• Probate Court Filing Fees: There is $0 fee to execute and store a codicil during your lifetime. When the will and codicil are submitted to probate after death via Form W.S. 2-6-201, Wyoming, District Court, Petition for Probate of Will at the Sheridan County District Court, Sheridan, Campbell County District Court, Gillette, or Sweetwater County District Court, Green River, the court collects a single $160 filing fee under Wyo. Stat. Ann. § 2-2-401 regardless of whether a codicil is attached.

How Long Does the Process Take?

Drafting and executing a Wyoming codicil is a fast process that typically takes 2 to 7 business days when working with a local attorney. The signing ceremony itself-including the execution of the codicil before two witnesses and the completion of the self-proving affidavit before a notary-takes only 15 to 20 minutes.

However, skipping the self-proving affidavit under Wyo. Stat. Ann. § 2-6-114 or creating an ambiguous handwritten codicil under Wyo. Stat. Ann. § 2-6-113 can add 1 to 4 months to the probate process after death. Under Wyo. Stat. Ann. § 2-6-205 and Wyo. Stat. Ann. § 2-6-206, an unattested holographic codicil or a non-self-proving codicil requires scheduling witness testimony or handwriting verification before the District Court clerk or judge can admit the instrument to probate. To ensure your amendment is drafted and witnessed without technical defects, consult a qualified attorney listed in our Wyoming estate planning lawyer directory.

Frequently Asked Questions (FAQ)