Detailed Answer: How a Personal Representative Confirms Probate Is Closed and a Trust Is Funded in Alabama

Short answer: In Alabama, a personal representative confirms a probate has concluded by obtaining the court’s final accounting, discharge or order of distribution, and certified court documents showing the estate is closed. To confirm a trust is properly funded, the representative should obtain written confirmation and documentary proof that each asset was retitled or transferred into the trust (deeds, bank account change-of-title records, assignment/endorsement of securities, trustee acknowledgments), plus any relevant recorded instruments. If records are unclear, request certified copies from the probate court and copies of recorded documents from the county recorder or financial institutions.

What “concluded probate” means in Alabama

A probate proceeding typically concludes when the probate court approves the executor’s or administrator’s final account, issues an order directing distribution of the remaining estate assets, and discharges the personal representative from further duty. The court’s final order and the clerk’s docket entries are the official record that the estate proceeding is closed. For Alabama statutes and procedural rules governing wills and probate proceedings, see the Code of Alabama (Title covering wills and decedents’ estates): Alabama Code of 1975 (Code of Alabama) – Title on Wills, Estates.

Step-by-step checklist: Confirm the probate is finished

Obtain the final court order or decree: Ask the probate clerk for a certified copy of the court’s final order or decree that approves the final account and directs distribution or discharges the personal representative.
Get the final account and receipts: Obtain the filed final accounting, statements of distributions, and any receipts or releases from beneficiaries showing they accepted distributions.
Verify docket entries: Ask the probate clerk to print the case docket or minute entries showing filings (petitions, notices, inventories, accountings, hearings) and the final disposition date.
Confirm discharge or termination language: Confirm the court’s order contains language discharging the personal representative or otherwise concluding the estate. That language is commonly used to prove the representative is no longer responsible for administration.
Check for liens, claims, or tax matters: Make sure the final account addresses creditor claims and closes any open tax matters. If estate taxes or unresolved claims remain, the court may not fully discharge the representative until those matters resolve.

Step-by-step checklist: Confirm the trust is funded

Collect trustee acknowledgments: Obtain a written acceptance of trusteeship and a signed statement from the trustee listing assets received into the trust.
Document each asset transfer: For real property, get recorded deeds showing transfer into the trustee’s name as trustee of the trust. For bank and brokerage accounts, obtain change-of-title forms or account statements showing the account held in the trust’s name or under the trustee’s title. For vehicles, stocks, life insurance, retirement accounts, and other assets, obtain the documents that show ownership changed to the trust or beneficiary designations updated if appropriate.
Obtain trustee certification or affidavit: Ask the trustee for a written certification or affidavit confirming the trust was funded and listing assets and transfer dates. That helps create a contemporaneous record.
Confirm recorded instruments: Search the county recorder/registrar of deeds for recorded deeds and mortgages showing the trust or trustee as the new owner of real estate.
Request confirmations from financial institutions: Obtain written statements from banks, brokerages, title companies, or the issuing agent showing that titles and registrations were changed into the trust or that the institution accepted the transfer.
Compare estate inventory to trust funding: Reconcile the estate’s inventory and final accounting with the trust funding list to ensure items listed in the probate inventory that were supposed to be transferred to the trust actually were transferred and are now reflected in trust records.

Practical documents to ask for and keep

Certified copy of the probate court’s final order/discharge.
Filed final account and receipts signed by beneficiaries.
Certified court docket/minute entries showing the case was closed.
Recorded deeds transferring real property into the trustee’s name.
Bank and brokerage statements showing trust ownership or trustee title.
Trustee’s written acceptance and funding affidavit or certification.
Copies of assignment forms, transfer documents for vehicles, securities, and other titled assets.
Correspondence from financial institutions confirming acceptance of transfers.

When to involve the probate court or an attorney

If you cannot obtain clear court orders or documentary evidence of transfers (for example, if a bank refuses to retitle an account to the trust), contact the probate court where the estate was opened and ask the clerk about the filings and final order. If disputes arise—such as beneficiary objections, creditor claims, creditor notices after distribution, contested transfers, or unclear title—consult an attorney experienced in Alabama probate and trust matters. An attorney can request court enforcement, clarification orders, or file motions to resolve obstruction.

Tax and reporting considerations

Confirm the estate’s tax matters are complete: federal estate tax (if applicable) and final income tax returns for the decedent and the estate should be filed and closed. Obtain any IRS closing letters or proof that no further estate tax is due. Keep copies of tax filings and receipts as part of the closing and funding record.

Common pitfalls to avoid

Assuming a bank or title transfer is complete without getting written confirmation.
Failing to get certified court documents showing the estate is discharged.
Overlooking beneficiary-designated assets (life insurance, retirement accounts) that pass outside probate but may still need naming or notice changes when intended to fund a trust.
Not recording deeds or not updating public records for real property transfers.

Where to look for Alabama law and local help

For Alabama statutes on wills and estate administration, see the Code of Alabama (Title covering wills, decedents’ estates, and related probate matters): Alabama Code of 1975 – Table of Contents. For specific local procedures, contact the clerk of the probate court in the county where the estate was opened; each county clerk manages probate dockets and recorded documents for that county.

Helpful Hints

Get certified copies of the probate court’s final order—those are proof for banks and title companies.
Ask the trustee for a written “funding checklist” and confirmations for each transferred asset.
Record deeds for real estate transfers immediately and keep the recorded instruments with the trust records.
Keep an indexed folder (digital and paper) containing the final accounting, court discharge, trustee funding affidavit, bank confirmations, recorded deeds, and any beneficiary releases.
If a bank or institution resists retitling, request their written explanation and consider attorney intervention if the resistance lacks legal basis.
Retain copies of correspondence with the probate clerk and county recorder to document your efforts to confirm closure and funding.
If you are uncertain whether a transfer should be to the trust or to beneficiaries outright, consult an attorney before signing or accepting distributions.

Disclaimer: This article explains general Alabama probate and trust funding practices for educational purposes only. It is not legal advice, does not create an attorney-client relationship, and is not a substitute for consulting a licensed Alabama attorney about your specific situation.