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 New Hampshire, nuncupative wills, also known as oral or verbal wills, are not recognized. New Hampshire law requires that wills be in writing and comply with specific statutory requirements to be valid. According to New Hampshire Revised Statutes Annotated (RSA) 551:1, every will must be in writing, signed by the testator or by an individual in the testator's presence and by the testator's express direction, and attested by two or more credible witnesses. This means that any statements of testamentary intent made orally by a person, even if on their deathbed or in imminent peril of death, would not constitute a valid will under New Hampshire law. Additionally, there are no exceptions provided for military personnel or mariners. Therefore, for a will to be legally recognized in New Hampshire, it must adhere to the formal written requirements set forth in the state's statutes.