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 Kentucky, nuncupative wills, also known as oral or verbal wills, are recognized under specific and limited circumstances. According to Kentucky law, a nuncupative will is only valid if made by a person in their last sickness or in imminent peril of death and they do not survive the sickness or peril. Additionally, the will must be declared by the testator before two disinterested witnesses, and it must be reduced to writing by or under the direction of one of the witnesses within ten days. Kentucky law also restricts the value of personal estate that can be disposed of by a nuncupative will to one thousand dollars, except for military personnel in actual military service and mariners at sea, who may dispose of their wages and personal estate. Real estate cannot be transferred through a nuncupative will in Kentucky. These regulations are found in the Kentucky Revised Statutes, specifically in the provisions related to wills and the administration of estates.