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 Rhode Island, nuncupative wills, also known as oral or verbal wills, are not recognized. Rhode Island law requires that a will must be in writing to be valid. According to Rhode Island General Laws § 33-5-5, a will must be in writing, signed by the testator or by some other person in the testator's presence and by the testator's direction, and must be attested and subscribed in the presence of the testator by two or more competent witnesses. This means that in Rhode Island, any statements made orally with the intent to serve as a will would not be legally binding or recognized by the courts. Therefore, individuals in Rhode Island who wish to ensure their estate is distributed according to their wishes must create a written will that complies with the state's legal requirements.