Detailed Answer: How a personal representative confirms probate is finished and a trust is properly funded (Indiana)

This answer explains, in plain language, the steps a personal representative (executor or administrator) can use to confirm that a probate proceeding has concluded and that assets intended for a trust have actually been transferred into that trust under Indiana law. This is an educational guide only and is not legal advice.

1. Understand the two separate processes

Probate and trust funding are related but separate tasks:

Probate is the court-supervised process that appoints a personal representative, gathers an estate’s assets, pays debts and taxes, and distributes remaining assets according to a will or statute. See Indiana Code Title 29: https://iga.in.gov/laws/current/title/29.
A trust (for example, a revocable living trust) is an indemnity arrangement managed by a trustee. Funding a trust means transferring legal title of specific assets from the decedent’s estate (or from the decedent directly) into the name of the trustee of the trust so the trust can manage or distribute them.

2. How to confirm the probate proceeding has concluded

Look for the following concrete court actions and records:

Final decree, order, or discharge from the probate court: The court’s signed final order (sometimes called a decree of distribution, order approving final account, or discharge of personal representative) shows the judge closed the estate. Obtain a certified copy from the county clerk.
Final accounting approved by the court: The approved final accounting shows the estate’s receipts, expenses, claims paid, and distributions. If the court approved it, the estate is effectively wound up.
Notice of distribution or decree of distribution: This identifies what went to whom. If the court ordered distribution to a trustee or to the trust, that is strong proof the court intended those assets to move to the trust.
Case docket entry showing closure: The court docket or case summary will show the final hearing and an entry indicating the estate is closed. Many county courts provide online access or will provide a certified docket sheet on request.

To obtain these records: contact the probate clerk in the county where probate was filed. You will need the decedent’s name and the probate case number (or approximate filing date). The clerk can provide certified copies for a fee.

3. How to confirm the trust has been funded

“Funded” means title or control of each intended asset has been transferred into the trust or to the trustee. Use this checklist for common asset categories:

Real estate: A deed that transfers the property into the trustee’s name or into the trustee as trustee of the trust should be recorded in the county recorder’s office where the property sits. Search the county recorder’s online records or request a certified copy of the recorded deed.
Bank and brokerage accounts: Look for statements showing the account title was changed to the trust or for transfer paperwork from the institution showing the trustee as the account owner. Banks and brokerages typically produce “account transfer” records or new account statements with the trust name and tax ID or trustee listed.
Retirement accounts and life insurance: These generally move by beneficiary designation rather than by deed. Confirm beneficiaries were updated (or that the plan’s forms designate the trust) and obtain plan statements showing the trust as beneficiary or the plan’s distribution paperwork.
Vehicles and titled personal property: Title records (for example, vehicle titles) should be re-issued in the name of the trustee or in the trust’s name where state rules permit. Check with the Indiana BMV or the relevant title-issuing agency.
Business interests: Look for transfer documents, updated membership or shareholder ledgers, or amended operating agreements that show the trust as owner or member.
Written proof from institutions and trustees: Ask the trustee and each institution for written confirmation they received the asset and show the trust as legal owner. Bank letters, recorded deeds, account statements, and transfer ledgers are strong evidence.

4. How to reconcile probate orders and trust funding

Compare the court’s distribution order with the actual funded transfers:

If the court ordered property to go to a trustee or to the trust, verify a corresponding recorded deed, account transfer, or other written transfer exists showing that item moved into the trust.
If the court distributed property to an individual who was then supposed to sign it into a trust, confirm that those individuals completed the necessary transfer documents and that institutions accepted them.
If an asset remains in the estate after the court’s final order, the estate’s representative might still be accountable to the court. Similarly, if a supposed “transfer” is only an informal promise, request formal written and recorded evidence.

5. Documents to request and keep

Certified copy of the final probate order or decree.
Approved final accounting and proof of distributions.
Certified case docket or proof the case is closed.
Recorded deed(s) showing transfer to the trustee or trust.
Bank and brokerage statements showing the trust as account owner, or formal transfer confirmation from the institution.
Titles or registrations reissued in the trustee’s name (vehicle, boat, etc.).
Written statements from the trustee acknowledging receipt of assets and confirming trust funding.

6. What to do if you can’t confirm funding or the estate isn’t closed

If records are missing or transfers did not happen as ordered, you have options:

Request documents in writing: Ask the personal representative or trustee for certified copies of the documents you need.
Contact the probate clerk: Verify the court’s file contents and whether the estate shows as closed on the docket.
Demand an accounting: Beneficiaries and interested parties generally can request an accounting or file an objection in the probate court if distributions or transfers are incomplete. Indiana probate law governs fiduciary duties and accounting requirements — see Indiana Code Title 29: https://iga.in.gov/laws/current/title/29.
File a petition with the court: If necessary, an interested party can ask the court to compel the personal representative or trustee to act, to require an accounting, or to enforce the court’s prior distribution order.

7. Practical examples (hypothetical)

Example A — Real estate to a revocable trust: The probate court signed a decree directing the estate to deed the residence to “Jane Doe, Trustee of the Doe Family Trust.” You confirm funding by obtaining the recorded deed from the county recorder showing the property now lists Jane Doe as trustee of that trust. You also obtain the court’s decree showing the instruction to deed the property to the trust.

Example B — Bank account distribution: The court approved distribution of funds from the estate to the trustee for deposit into the trust. You confirm funding by obtaining the approved final accounting, a bank statement showing the trust account with the deposit, and a written confirmation from the bank that the account is held in the trust’s name.

Helpful Hints

Start with the probate clerk: the court file and docket are primary sources that show whether the estate was closed.
Ask for certified copies: uncertified printouts are helpful, but certified documents carry more legal weight.
Check county recorder and title agencies for recorded deeds and title changes for real property and vehicles.
Get institution confirmations in writing: a trustee should be able to produce bank, brokerage, and insurance paperwork documenting transfers.
Keep an itemized checklist tied to the distribution order: list each asset, the court’s instruction, and the proof you obtained.
If a trustee or personal representative is uncooperative, a written demand for documents creates a record you can use with the court if needed.
Timing matters: some transfers (retirement accounts, life insurance) follow their own rules and may pass outside probate via beneficiary designation. Confirm those designations with the plan administrator.
When in doubt, consult a probate or trust attorney licensed in Indiana to review orders and transfer documents and advise next steps.

Disclaimer: This information explains general steps and typical documents under Indiana law and is educational only. It is not legal advice and does not create an attorney-client relationship. For advice about a specific case, contact a licensed Indiana attorney experienced in probate and trust matters.