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 Iowa, nuncupative wills, also known as oral or verbal wills, are not recognized. Iowa law requires that a will must be in writing to be valid. According to Iowa Code section 633.279, a will must be a written document that is signed by the testator or by another person in the testator's presence and by the testator's direction. The will must also be attested by at least two competent witnesses who are present at the same time and witness either the signing of the will or the testator's acknowledgment of the signature or of the will itself. Therefore, in Iowa, any testamentary wishes expressed orally would not constitute a valid will, and the property would be distributed according to the state's intestacy laws if no valid written will exists.