The Orphans’ Court Procedural Rules Committee has published a proposal for a new rule for Registers of Wills that would provide a cross-reference to 20 Pa.C.S. § 3908, which allows disclosure of digital assets through the filing of an affidavit with the Register. “Proposed Adoption of Rule 10.7 of the Pennsylvania Orphans’ Court Rules,” 51 Pa.B. 1796 (4/3/2021).
According to the report of the committee, the committee considered other approaches, such as restating the affidavit procedures in the rule or changing the petition for probate, but believed that the procedures in the statute were adequate and incorporation of those procedures into the rules by referencing the statute was appropriate.
For additional information about digital assets and the procedures for accessing those assets, see “Fiduciary Access to Digital Assets” (7/27/2020).