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 North Carolina, nuncupative wills, also known as oral or verbal wills, are recognized under limited circumstances. According to North Carolina General Statutes § 31-3.5, a nuncupative will is only valid if made by a person in their last sickness or in imminent peril of death and who does not survive the ailment or peril. The testator must declare their testamentary intent to dispose of personal property in the presence of two competent witnesses. These witnesses must then reduce the will to writing within a reasonable time, not exceeding 30 days, and submit it to probate within six months after the words were spoken. Nuncupative wills in North Carolina are limited to personal property and cannot exceed the value of one thousand dollars ($1,000), except for military personnel in actual military service and mariners at sea, who are subject to different limitations. Real estate cannot be disposed of through a nuncupative will in North Carolina.