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 Louisiana (LA), nuncupative wills, also known as oral or verbal wills, are recognized under specific and limited circumstances. According to Louisiana law, there are two types of nuncupative wills: the nuncupative testament made in the presence of witnesses and the nuncupative testament made by public act. For the first type, the testator must be in imminent peril of death, and it must be impossible to make a written will. The testament must be made before two witnesses and then reduced to writing by a notary and two witnesses within a certain period. For the second type, the testament must be dictated by the testator and written down in the presence of a notary and two witnesses. Louisiana law typically limits the value of property that can be disposed of through a nuncupative will, and it is generally restricted to movable property, not immovable property or real estate. The specific provisions and limitations are detailed in the Louisiana Civil Code, which governs wills and estate planning in the state.