How Much Does it Cost to Amend a Will?
Whether you’ve had a will for fifty years or five, here’s a simple truth: life changes. Sometimes, it changes in small ways. Your grandkids enter middle school. That gorgeous oak tree that’s been a mainstay of your backyard since you moved into your house falls during a thunderstorm. You start using a different mug for your morning coffee. And then there are the larger changes. Your child gets a divorce. There’s a death in the family. Or you add a family member, through marriage or birth. These are the kind of changes that you might want your will to reflect. For example, if you have more grandchildren (or even great-grandchildren!) than when you first drafted it, you’ll probably want to include them among your beneficiaries. But how can you go about amending a will? Is it legal to do that? How much does it cost? Is it a long, complicated process that’ll leave you with a headache and more stress than you had before? Here’s what you need to know!
What IS a will, anyway?
It might sound like a stupid (or self-evident) question, but before we go any further, let’s do a little summary of wills! Also known as a last will and testament, a will is simply a legal document that outlines your last wishes. You can use a will to appoint guardians for any minor dependents you might have and assign an executor, whose job is to make sure that your assets are distributed as you want. You can even make provisions for your pets in your will! There are several types of wills, including:
1. A basic will.
When people think of wills, this is probably the one that comes to mind. According to Legal Zoom, this type of will is easy to write, simple to amend, and works well for most. However, it only includes the most basic provisions, so it might not be the best choice for those with larger (or more complicated) estates.
2. A testamentary trust will
You might’ve read this one and thought: Aren’t wills and trusts two totally separate things? And yes, they are different! However, this type of will is the best of both worlds, allowing you to place your assets in a trust for your beneficiaries. This is a great option if you have underage beneficiaries. Plus, it’s cost-effective! We’d be remiss if we didn’t issue one warning: You cannot avoid probate with this type of will. So, keep that in mind if you have (or want) a testamentary trust will!
3. Joint will
As the name implies, a joint will is when two people sign a will together to create a shared estate plan. Sounds great, right? But here’s the catch: joint wills cannot be changed or amended by anyone, even the surviving spouse or domestic partner. Unfortunately, this type of will can (and often does) become a nightmare, especially in the probate court.
4. Living will
This one is kind of misleading. At least, in terms of how most of us think of wills. While most wills go into effect after you die, this one is true to its name. It lets you appoint someone to handle your medical treatments if you become incapacitated.
What kind of life changes would require you to amend your will?
First of all, you don’t have to experience a major life change to update your will. According to Miller Law Office, a Texas-based elder law and estate planning firm, you should update your will every five years or so. Even without a major life change! Of course, you should update it sooner if your life changes drastically before the five-year mark. But what kind of changes require amendments to your will?
Marriage
This doesn’t just include your marriage. If a child (or grandchildren) gets married, make sure your will reflects that!
Divorce
Whether you’re thinking about divorce, midway through a rancorous divorce, or on the other side of a divorce court, it requires an update to your will. After all, you don’t want your ex-spouse to get their grubby hands on your estate! The same applies if one of your beneficiaries is going through a divorce, as well.
Death
It happens. Sometimes, we outlive our family members. And while it’s painful and something you hoped you’d never have to do, you’ll need to amend your will if a beneficiary has passed away.
Birth of a child or grandchild
If you recently became a grandparent for the first (or fifteenth) time, congratulations! Celebrate the happy occasion by updating your will. You don’t want to leave out that new bundle of joy!
New legislation has passed
According to Kiplinger, Congress is always passing laws that can derail your estate plan and require you to take a second look at your will. They recommend reaching out to an estate planning attorney every few years to see how legislation may have affected your will.
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Originally published June 27, 2025
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