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 North Dakota, nuncupative wills, also known as oral or verbal wills, are not recognized. North Dakota law requires that a will must be in writing to be valid. According to the North Dakota Century Code (NDCC) 30.1-08-02 (Uniform Probate Code), a will must be in writing, signed by the testator or by another individual in the testator's name by the testator's direction and must be witnessed by at least two individuals, each of whom signed the will in the presence of the testator and each other. Therefore, any oral statement of testamentary intent made by an individual, even if on their deathbed or in imminent peril of death, would not constitute a valid will under North Dakota law. This includes any oral wills made by military personnel or mariners. For a will to be legally binding in North Dakota, it must adhere to the formalities prescribed by the state's probate code.