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 Georgia, nuncupative wills, also known as oral or verbal wills, are recognized under limited circumstances. According to Georgia law, a nuncupative will is only valid if it is made during the testator's last sickness or in imminent peril of death and is not likely to survive the condition. The testator must declare their testamentary intentions in the presence of at least two witnesses. Georgia law requires that these witnesses must reduce the will to writing within a reasonable time, which should not exceed 30 days. Additionally, nuncupative wills in Georgia are generally limited to personal property and the value of the property that can be bequeathed is capped at a certain amount. Real estate cannot be transferred through a nuncupative will. These regulations are found in the Georgia Code, specifically within the provisions related to wills, estates, and trusts.