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 Tennessee, nuncupative wills, also known as oral or verbal wills, are recognized under specific and limited circumstances. According to Tennessee law, a nuncupative will is generally only valid if the testator is in imminent peril of death and believes they will not survive the peril. The testator must make the oral will in front of two disinterested witnesses, and the will must be reduced to writing within 30 days of the declaration. Additionally, the estate disposed of by a nuncupative will is limited to personal property and cannot exceed a certain value, which is subject to change. Real estate cannot be transferred through a nuncupative will in Tennessee. These provisions are found in the Tennessee Code, specifically under the sections dealing with wills and estates. It is important for individuals to consult with an attorney to understand the current limitations and requirements for nuncupative wills in Tennessee, as these laws can be subject to change and may have specific nuances that need to be addressed.