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 Indiana, nuncupative wills, also known as oral or verbal wills, are not generally recognized. Indiana law requires that wills be in writing and comply with specific statutory requirements to be valid. This includes being signed by the testator and witnessed by at least two disinterested witnesses. There are very limited exceptions to this rule, such as for members of the armed forces in certain situations, but these are narrowly construed. Indiana Code Title 29, Article 1, which governs wills and probate, does not provide for the general recognition of nuncupative wills. Therefore, for most residents of Indiana, creating a written will that adheres to the formalities prescribed by state law is necessary to ensure that their testamentary intentions are honored.