A nuncupative — or oral — will is spoken by word of mouth in the presence of witnesses.
This type of will is often also referred to as a “deathbed will” because the testator must make it in his last illness or under circumstances where he cannot make an attested will or holographic will.
Nuncupative wills are rare and seldom applicable, and only a few states now deem them valid in the court of law. One notable exception to the rule is when the testator is a person in military service. If the testator has been injured and faces imminent death, an oral will in the presence of witnesses will often be validated. Apart from that exception, however, nuncupative wills are rarely used.
What you need to know
A probate guide written for people who aren’t lawyers
Probate is notoriously confusing. Small estate affidavits, formal vs. simple administration, executors & executrixes— there’s more than enough jargon to make your head spin. We get it, and that’s why we made a probate guide that actually tells you what you need to know without assuming anything. You’ll walk away with a tangible timeline, actionable next steps and real clarity on what probate actually means for you and your family.
In collaboration with
Ben Hopf
Ben is the Founder and CEO of Atticus and frequent trust and estates contributor with specialized background in generational family wealth planning and transfers. Ben serves on the Executive Board of Directors for the Trust Education Foundation, which oversees internal & external support for the nation's only undergraduate & graduate level Trust & Wealth Management programs, offered exclusively at Campbell University.
Ben is a frequent industry speaker and author across trust, wealth management and fiduciary FinTech conversations.
In collaboration with
This could be you
Atticus values the expertise and professional experience of our partners and community of contributors. And we appreciate that's what makes the fiduciary industry so uniquely special.
After all, being a fiduciary isn't something that's just learned— it's a mindset that's demonstrated, tested and enduringly earned.
That's why Atticus is built around a community of passionate executors, attorneys, wealth advisors, probate clerks and other professional fiduciaries.
🤔 Who else are we missing? You!
Join our mission to support families through some of life's most difficult events as we foster financial literacy for fiduciary topics like probate, estate planning, estate administration & inheritance.
Everyone leaves a legacy... together, let's make the process easier.
