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 Mississippi, nuncupative wills, also known as oral or verbal wills, are recognized under specific and limited circumstances. According to Mississippi law, a nuncupative will is valid only if made by a person in their last sickness or in imminent peril of death, and it cannot be revoked by any other will made by the same person when in health. The testator must declare their testamentary intentions in the presence of at least two disinterested witnesses. These witnesses must then reduce the will to writing within a reasonable time, not exceeding thirty days, and it must be submitted for probate within six months after the words were spoken. Mississippi law also restricts the value of personal property that can be disposed of through a nuncupative will, with a limit of $100 unless the testator is a member of the armed forces in actual military service or a mariner at sea. Real property cannot be disposed of through a nuncupative will in Mississippi. The relevant statutes can be found in the Mississippi Code, specifically in the sections dealing with wills and estates.