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 Michigan, nuncupative wills, also known as oral or verbal wills, are recognized under very limited circumstances. According to Michigan law, specifically MCL 700.2502, a nuncupative will may be valid if made by an individual who is in imminent peril of death and who indeed dies as a result of the peril. The will must be declared in the presence of two witnesses, and it is only effective to dispose of personal property valued at $1,000 or less. Additionally, the statements or expressions of intent must be reduced to writing by or at the direction of one of the witnesses within 14 days after the declaration. Real estate cannot be disposed of through a nuncupative will in Michigan. It's important to note that these types of wills are an exception to the general rule requiring written wills and are subject to strict scrutiny. Therefore, it is advisable to consult with an attorney when dealing with matters related to nuncupative wills in Michigan.