Requirements of a Valid Will

Can I Make An Oral Will in Texas?

by Rania Combs

A nuncupative will is an oral or spoken will. Until September 1, 2007, Texas allowed the use of nuncupative (oral wills) to dispose of personal property, but only in very limited circumstances. These circumstances included:

  1. Last sickness: The testator had to be on his deathbed when he uttered his testamentary words.
  2. Location: The testator must have spoken the testamentary words at home, at a place he resided for ten or more days before speaking those words, or at any location if he was ill when he left and died before returning to his home.
  3. Value of the bequeathed property: The value of the property the testator bequeathed could not exceed $30, unless three witnesses heard the testator speak the testamentary words.

Oral wills that were made before September 1, 2007 will still be given effect; however, oral wills made after that date are not valid.

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  1. What Types of Wills are Recognized In Texas? – Texas Wills and Trusts

    May 7, 2014 at 3:53pm

    […] September 1, 2007, Texas authorized oral wills in very limited circumstances; however, effective September 1, 2007, Texas repealed Sections 64 and 65 of the Probate Code, […]

  2. Julie Valentine

    November 22, 2014 at 1:25pm

    This states that “an oral or spoken will” was allowed in Texas until September 1, 2007. But what is the status of an oral will after Sept. 1, 2007?

    1. Rania Combs

      November 22, 2014 at 1:30pm

      Oral wills are no longer allowed in Texas.