Thursday, October 13, 2011

Revised PA RW-02 "Petition for Grant of Letters"

On October 11, 2011, the Pennsylvania Supreme Court approved a revision of a Form RW-02 (Petition for Grant of Letters) (PDF, 2 pages) for use in all Registers of Wills offices in the Commonwealth beginning thirty days later, on November 10, 2011.

In a Per Curium Order, which was posted by the PA Supreme Court on the website of the Administrative Office of Pennsylvania Courts on October 12, 2011, the Court acted upon the recommendation of its Orphans' Court Procedural Rules Committee.

The new Form RW-02 (Petition for Grant of Letters) bears a revision date of 10/11/11, and replaces a prior form adopted five years ago (Rev 10/13/06), which bore a longer title.

It will become available among the other "fill-in" forms on the AOPC's website. However, posting of the replacement form may not occur until its effective date.


I explored the need for a revision of this form previously.  See: PA EE&F Law Blog posting Update to Probate Petition in PA (01/18/2011).  Changing the current form was required due to the passage of Senate Bill 53, PN 2228, which was signed by the Governor as Act 85 of 2010, to become effective on December 26, 2010.

That Act inserted into the Pennsylvania Probate, Estates & Fiduciaries Code new provisions that eliminate a spouse's interest in an estate if a divorce action is pending (instead of finalized, as formerly provided), and if the grounds for divorce have been established. 

This revision of the form, however, goes beyond that substantive change, and offers a revised layout and order of data. The form also will serve as a formal entry of appearance for counsel, and will highlight whether a surety bond is required or not. The form will continue, at its end, to serve as a Register's Decree, if granted.

As a member of the Orphans' Court Procedural Rules Committee who participated in the recommendation process, I am pleased with the Court's actions, which were posted as follows:

In Re: Amendment of Form RW-02 (Petition for Probate and Grant of Letters) -- Appendix to Supreme Court Orphans' Court Rules, No. 548 Supreme Court Rules Docket
Opinion By: per curiam
Posted By: W.D. Prothonotary
   Date Rendered: 10/11/2011
   Date Posted: 10/12/2011
   Opinion Type: Rules548spct.pdf

   Date Rendered: 10/11/2011
   Date Posted: 10/12/2011
   Opinion Type: Rules548spct.attach1.pdf

   Date Rendered: 10/11/2011
   Date Posted: 10/12/2011
   Opinion Type: Rules548spctattach2.pdf

   Date Rendered: 10/11/2011
   Date Posted: 10/12/2011
   Opinion Type: Rules548spctattach3.pdf