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 California, nuncupative wills, also known as oral or verbal wills, are generally not recognized. California law requires that wills be in writing to be valid. According to the California Probate Code, a will must be in writing, signed by the testator or in the testator's name by someone else in their presence and by their direction, and witnessed by being signed by at least two persons present at the same time who also witnessed the signing of the will or the testator's acknowledgment of the signature or of the will. There are very limited exceptions to this rule, such as for members of the armed forces in certain situations or for persons who perform a military service during a time of conflict, but these are narrowly construed. For the vast majority of Californians, a nuncupative will would not be a legally recognized method for disposing of their estate.