Nuncupative wills—also known as oral wills or verbal wills—are only recognized in about twenty states—and only in limited circumstances in those states. In states that do recognize nuncupative wills, the testator (person making the will) usually must be “in their last sickness” (on their deathbed) or “in imminent peril of death.” A few sates permit nuncupative wills made by military personnel on active duty or in war or armed conflict and by a mariner while at sea.

There usually must be two or three witnesses present who hear the testator speak the words demonstrating a testamentary intent to dispose of the testator’s property at the testator’s death. In some states these witnesses are required to transcribe (write down) the testator’s testamentary wishes (will) within a certain period.

States that recognize nuncupative wills usually limit the amount of property that can be conveyed and limit the property to personal property (not real property or real estate). Laws regarding nuncupative wills are usually located in a state’s statutes—often in the estates and trusts code or probate code.

In Ohio, nuncupative wills, also known as oral or verbal wills, are generally not recognized. Ohio law requires that wills be in writing, signed by the testator, and witnessed by two individuals who are not beneficiaries. There are very limited exceptions to this rule, such as for members of the armed forces in actual military or naval service during a time of war or other armed conflict, and for persons who perform military or naval service during a time of war or other armed conflict, as provided under Ohio Revised Code Section 2107.66. Even in these exceptional circumstances, the scope of what can be disposed of through a nuncupative will is limited, and it typically must be witnessed by two individuals. It is important for individuals in Ohio to create a written will to ensure their estate is distributed according to their wishes, as reliance on a nuncupative will would not meet the legal requirements for most residents.