A. In a contradictory trial to probate a testament under Article 2901 or an action to annul a probated testament under Article 2931, and provided the testator is sworn by a person authorized to take oaths and the oath is recorded on the videotape, the videotape of the execution and reading of the testament by the testator may be admissible as evidence of any of the following:
Art. 2904.Admissibility of Videotape of Execution of Testament
Book VI. Probate Procedure · Title I. General Dispositions · Chapter 3. Probate and Registry of Testaments · Enacted 2005 · no amendments on record · Last verified July 30, 2026
In one sentenceArticle 2904 allows a sworn, recorded videotape of a testament's execution and reading to be admitted as evidence of its proper execution, the testator's intentions, mental state, and authenticity, or other relevant matters, at a contradictory probate trial or an annulment action.
Full Text of Art. 2904
(1) The proper execution of the testament.
(2) The intentions of the testator.
(3) The mental state or capacity of the testator.
(4) The authenticity of the testament.
(5) Matters that are determined by a court to be relevant to the probate of the testament.
B. For purposes of this Article, "videotape" means the visual recording on a magnetic tape, film, videotape, compact disc, digital versatile disc, digital video disc, or by other electronic means together with the associated oral record.
Amendment History
Acts 2005, No. 79, §1.
Plain-English Summary
Louisiana's testament proof rules rely mostly on witness testimony about what happened when a testament was made. Article 2904 lets modern technology supplement that testimony: a videotape of the testament's execution and reading, captured as it happened.
The videotape's admissibility comes with one firm condition: the testator has to be sworn by someone authorized to administer oaths, and that oath has to be recorded on the tape itself. Once that condition is met, the videotape can be offered as evidence of the testament's proper execution, the testator's intentions, the testator's mental state or capacity, the testament's authenticity, or any other matter a court finds relevant to the testament's probate.
The article applies in two settings: a contradictory trial to probate a testament under Article 2901, and a separate action to annul an already-probated testament under Article 2931. Paragraph B defines videotape broadly, covering a visual recording on magnetic tape, film, videotape, a compact disc, a digital versatile disc, a digital video disc, or by any other electronic means, together with the associated audio recording, so the rule keeps pace with whatever recording technology a family used.
Frequently Asked Questions
Can a video recording of a will signing be used as evidence in Louisiana probate?
Yes, if the testator was sworn by someone authorized to take oaths and that oath was recorded on the tape, Article 2904 allows the videotape to be admitted.
What can a videotape of a testament's execution be used to prove?
Proper execution, the testator's intentions, the testator's mental state or capacity, the testament's authenticity, and any other matter the court finds relevant to probate.
Does this rule apply only to the initial probate proceeding?
Does videotape only mean an actual videotape cassette?
No. Article 2904 defines the term broadly to include recordings on film, compact disc, digital versatile disc, digital video disc, or any other electronic means, along with the accompanying audio.
Source & verification. Article text is reproduced verbatim from
the Louisiana Code of Civil Procedure (legis.la.gov). Enacted by the Louisiana Legislature.
Last verified July 30, 2026.
· Official source
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