Videotape and the Probate Process: The Nexus Grows

Abstract:     
The use of videotape is increasingly becoming a common medium utilized by the legal profession. The areas of estate planning and probate are no exception. The suggestion to videotape the probate process began in the early 1980's. Although there has not been much litigation over the use of the videotape in this context, this does not reflect poorly on the value of probate video. Instead, the lack of case law is likely due to other reasons, more fully explicated in the article. Because the nexus between videotape and the probate process is rapidly growing, it is important to look at the use of videotape in the probate process and its advantages, barriers to its admissibility in probate and ways to overcome them, and the evidentiary requirements of videotape. The article also discusses a survey conducted by the authors of probate judges' receptivity to probate video and reviews the sparse legislation, both existing and proposed, of the use of videotape in the probate process. The authors conclude their analysis by speculating on the future use of videotape in probate actions.

Keywords: video will, probate, probate video

JEL Classifications: K11, K19, K39

Accepted Paper Series