The Supreme Court has adopted a new Pa. R.O.C.P. 10.7 implementing 20 Pa.C.S. 3908, which provides that the filing of certain affidavits with the Register of Wills has the same effect as the “finding of a court” for the purpose of allowing disclosures of certain digital assets of a decedent to the personal representative of the estate. By the same order, the Supreme Court also corrected a statutory reference in Pa.R.O.C.P. 15.10, relating to adoptions. “Order Adopting Rule 10.7 and Amending Rule 15.10 of the Pennsylvania Rules of Orphans’ Court Procedure; No. 995 Supreme Court Rules Docket” (9/30/2024), 54 Pa.B. 6418 (10/12/2024).

[The Orphans’ Court Procedural Rules Committee had originally published a proposed rule that would have been a cross-reference to 20 Pa.C.S. § 3908, and that proposal was opposed by the Pennsylvania Bar Association. The committee reconsidered, a second proposed rule was published, and according to the adoption report of the committee there were no objections or comments to that second proposal. For additional information about digital assets and the procedures for accessing those assets, see “Fiduciary Access to Digital Assets” (7/27/2020).]

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