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 Alabama, nuncupative wills, also known as oral or verbal wills, are recognized under specific and limited circumstances. According to Alabama law, a nuncupative will is valid only if the testator makes it during their last illness or while in imminent peril of death, and they do not survive the illness or peril. The testator must express their testamentary intentions verbally in the presence of at least two disinterested witnesses. These witnesses must then document the will's contents within a reasonable time after the testator's death. Alabama law restricts nuncupative wills to personal property and typically limits the value of the property that can be transferred through such a will. Real estate cannot be disposed of through a nuncupative will in Alabama. The specific provisions governing nuncupative wills can be found in the Alabama Code, particularly within the sections related to wills, estates, and trusts.