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 Arkansas, nuncupative wills, also known as oral or verbal wills, are recognized under specific and limited circumstances. According to Arkansas law, a nuncupative will is only valid if the testator makes it during their last illness or while in imminent peril of death and does not survive the peril. The testator must declare their testamentary intentions in the presence of at least two disinterested witnesses. These witnesses must then reduce the will to writing and submit it for probate within six months of the oral declaration. Arkansas law restricts nuncupative wills to personal property and limits the value that can be bequeathed through such a will. Real estate cannot be disposed of via a nuncupative will in Arkansas. It's important for individuals to consult with an attorney to understand the specific requirements and limitations of nuncupative wills in Arkansas, as well as to explore more reliable estate planning options.