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 York, nuncupative wills, also known as oral or verbal wills, are generally not recognized. New York law requires that wills be in writing, signed by the testator, and witnessed by at least two individuals who must also sign the will. There are very limited exceptions to this rule, such as for members of the armed forces during wartime and certain mariners at sea, but these exceptions are narrowly construed and apply only under specific circumstances. Even in these cases, the scope of what can be disposed of through a nuncupative will is limited, and it typically does not include real property. For most residents, a properly executed written will is necessary to ensure that their testamentary wishes are honored in New York.