About Oath of Unavailability of Witness
To establish that a subscribing witness to a will is not readily available to testify to the testator's signature, allowing probate to proceed without that witness's live testimony.
When you'd use it: When probating a will and a witness who signed it cannot be located or made available to prove the testator's signature at the time of will admission.
Where to get the official form
The official version of Oath of Unavailability of Witness is published as a PDF by the Pennsylvania courts. We checked this link and it resolved to a form on an official court or government website — always download the current version directly from the source rather than a third-party copy:
Verified official PDF
Download Oath of Unavailability of Witness (PDF) →
Source: berkspa.gov
Link last checked: May 30, 2026
How to file Oath of Unavailability of Witness in Pennsylvania
- Step 1 — Confirm you have the correct formUse Oath of Unavailability of Witness (RW-2D) when when probating a will and a witness who signed it cannot be located or made available to prove the testator's signature at the time of will admission. Double-check it's the right form for your situation — Pennsylvania probate forms are revised periodically, so verify the name and number against your court's current form list before you start.
- Step 2 — Complete every required fieldFill out Oath of Unavailability of Witness carefully and review it for errors before filing. Probate cases can already take months — a small mistake on the form can set your timeline back further.
- Step 3 — Get it notarized or witnessed if requiredSome probate forms must be signed in front of a notary or witnesses. Check the instructions on the form itself, and arrange notarization before you file if it's required.
- Step 4 — File it with the correct courtSubmit Oath of Unavailability of Witness to the probate court or county clerk handling the estate — usually in the Pennsylvania county where the deceased lived. Ask the clerk how they prefer to receive filings (in person, by mail, or e-filing).