An oral will is a nuncupative will. In many states, nuncupative wills are invalid or strictly construed. Typically, in states that acknowledge oral or nuncupative wills, testators must create them as their final acts before death. Commonly known as a dying deathbed exception to the typical requirement that a will is valid only if in writing, oral wills may be valid in Texas. Texas law limits the use of nuncupative wills to those who are dying on their deathbeds or at war. In Texas, a nuncupative will is an exception to the written requirement only in limited circumstances.
Texas law allows you to create a nuncupative or oral will in limited situations. You can create an oral will if you are terminally ill and at home. If you are not at home, you may be able to create an oral will if you are on your deathbed. You can orally devise property to others with only one witness if the total value of your bequests does not exceed $30. If you devise more than $30 in personal property, you must make your oral will in the presence of at least three credible witnesses.
Because Texas law strictly limits the validity of oral or nuncupative wills, creating a written will with the assistance of a Texas probate attorney is the best method to devise your property. Scheduling an appointment with our office is the first step in creating a valid will.
Stephen A. Mendel, Estate Planning Attorney
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