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 Nevada, nuncupative wills, also known as oral or verbal wills, are not recognized. Nevada law requires that wills be in writing and comply with specific statutory requirements to be valid. This includes being signed by the testator and witnessed by at least two other individuals who are present at the same time. The witnesses must also sign the will. Nevada does not provide exceptions for military personnel or mariners at sea. Therefore, any expression of testamentary intent made orally, without a written and properly witnessed document, would not constitute a valid will under Nevada law. For those interested in estate planning within Nevada, it is essential to adhere to the formal requirements set forth by the state to ensure that their final wishes are legally enforceable.