It was previously reported that new Orphans’ Court forms, and new forms for use before the Register of Wills, had been posted to the collection of Orphans’ Court forms on the pacourts.us website, to be effective January 1, 2020. It now appears that there is a problem with two of the forms.

New Form RW-04 (“Oath of Non-subscribing Winess(es)”) and new Form RW-05 (“Oath of Witness(es) to Will Executed by Mark”) include both jurats for execution of the oaths in the Register’s office and jurats for execution of the oaths before a notary public outside of the Register’s office. However, the relevant statute, 20 Pa.C.S. § 3154, requires that those oaths be taken either before the Register or, if taken outside of Pennsylvania, by a public officer of the other jurisdiction having duties similar to those of the Register.

The new forms are still usable, but practitioners should not be misled into thinking that the oaths can be taken before a notary public outside of the Register’s office.