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 Maryland, nuncupative (oral) wills are recognized under very limited circumstances. According to Maryland Estates and Trusts Code, Section 4-103, a nuncupative will is only valid if made by a person who is in military service during a time of armed conflict or by a mariner who is at sea. The testator must have a reasonable expectation of death due to their situation. The will must be declared by the testator before two witnesses, and it must be reduced to writing within a reasonable period, not exceeding ten days. Furthermore, nuncupative wills in Maryland are limited to personal property and cannot exceed the value of one thousand dollars unless the testator is in actual military service in a time of war or the person is a mariner at sea. Real estate cannot be disposed of through a nuncupative will in Maryland. It's important to note that these types of wills are an exception to the standard requirement for written wills and are subject to strict statutory requirements.