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 Oregon, nuncupative wills, also known as oral or verbal wills, are not recognized. Oregon law requires that wills be in writing and comply with specific statutory requirements to be valid. According to ORS 112.235, a will must be in writing, signed by the testator or by another person in the testator's presence and at the testator's direction, and witnessed by at least two individuals who see the testator sign the will or hear the testator acknowledge the signature or the will. Therefore, any oral statements of testamentary intent made by a person, even if on their deathbed or in imminent peril of death, would not constitute a valid will under Oregon law. This means that individuals in Oregon must ensure they have a properly executed written will if they wish to have their estate distributed according to their wishes after their death.