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 Missouri, nuncupative wills, also known as oral or verbal wills, are not generally recognized. Missouri law requires that a will must be in writing, signed by the testator, or by another person at the testator's direction and in their presence, and be attested by at least two competent witnesses who sign the will in the presence of the testator. There are very limited exceptions to this rule, such as for members of the armed forces in active service during a time of armed conflict and for persons who are in the last sickness or in imminent peril of death and who do not survive such sickness or peril, but these exceptions are narrowly construed. Even in these exceptional circumstances, there are still formal requirements that must be met, and the scope of property that can be disposed of through a nuncupative will is limited. It is important for individuals in Missouri to consult with an attorney to ensure that their estate planning adheres to the state's legal requirements and that their will is properly executed to be considered valid under Missouri law.