Detailed Answer — How a personal representative confirms probate is closed and a trust is funded under Maine law
Short answer: A personal representative (executor/administrator) in Maine confirms a probate proceeding has concluded by obtaining the court’s final order or discharge, checking the probate docket for closing filings, and securing certified copies of those documents. To confirm that a trust is properly funded, the representative or successor trustee must verify that each asset intended for the trust has been transferred into the trustee’s name (or otherwise handled according to the trust terms): look for retitled titles and deeds, bank and brokerage transfers, recorded deeds for real estate, and written confirmations from custodians. Keep and collect certified court documents, accountings, transfer records, and recorded instruments as proof.
What “probate concluded” means in Maine
In Maine, a probate case is generally “concluded” when the probate court issues an order approving the final accounting (if an accounting is required), authorizes final distribution of estate assets, and discharges the personal representative from further duties. The court may also enter a written order or decree closing the estate and a certificate or clerk notation that the representative is discharged. You can confirm the case closure by requesting certified copies from the probate court clerk or by viewing the court docket (in person or via any online access the court offers).
Step-by-step: How to confirm the probate is closed
- Check the probate docket. Visit the probate court that handled the estate or its online docket to review filings. Look for filings labeled “Final Account,” “Order Allowing Final Account,” “Decree of Distribution,” “Order of Discharge,” or “Order Closing Estate.”
- Request certified copies. Ask the probate clerk for certified copies of the final order(s) and any discharge or closing certificate. These are the official proof the matter is closed.
- Confirm statutory deadlines have passed. Ensure the time for creditor claims and appeals has run or has been resolved. (Probate statutes and rules govern notice and claim periods; see the Maine Probate Court resources linked below.)
- Review the final accounting and receipts. If the court required an accounting, make sure the court approved it or signed an order allowing it.
- Document distributions. Keep copies of canceled checks, wire confirmations, and transfer statements used to distribute assets as ordered by the court.
Step-by-step: How to confirm a trust has been properly funded
Funding a trust means placing assets into the trust so the trustee can manage them under the trust terms. To confirm funding:
- Review the trust instrument. Identify precisely which assets the settlor intended for the trust and how the trust requires them to be titled or held.
- Obtain trustee acceptance. Get a signed trustee acceptance or written acknowledgment. That establishes who will manage trust assets.
- Check asset retitling and transfer documents. – Real estate: verify a deed conveying the property to the trustee was prepared and recorded in the county registry of deeds. – Bank and brokerage accounts: confirm account title changed to the trust or the institution accepted the trust as account owner; obtain account statements and transfer confirmations. – Vehicles and other titled property: confirm titles were reissued in the trustee’s/trust name if required. – Life insurance/retirement accounts: confirm beneficiary designations changed (if required) or that the plan accepts the trust as beneficiary.
- Collect transaction records. Keep bank statements, wire receipts, escrow closing statements, recorded deed copies, and brokerage letters showing the transfers into the trust.
- Get written confirmations from third parties. Ask custodians, banks, or registrars for written confirmation (dated) that they recognize the trust as account holder or beneficiary.
Common documents that prove probate closed and trust funded
- Certified copy of the probate court’s final order or decree and discharge/closing order.
- Final accounting approved by the court (if applicable).
- Copies of checks, wire confirmations, and distribution receipts used under court order.
- Recorded deeds showing conveyance to trustee and county recording stamps.
- Bank and brokerage statements showing account name change or transfer into the trust.
- Trustee acceptance and trustee-signed inventory/list of trust assets.
- Written confirmations from custodians (banks, insurers, plan administrators).
When you should involve the court or an attorney
If you cannot obtain clear certified court documents, if a third party refuses to retitle assets, or if a beneficiary disputes the funding or distributions, you should consult a Maine probate attorney or return to the probate court. The court can issue instructions, resolve disputes, and, if needed, order third parties to transfer assets. If you suspect improper or incomplete funding, consider seeking a court determination or filing a petition in probate court.
Maine statutes and official resources
Key Maine resources and general statutory material you can consult:
- Maine Judicial Branch — Probate Courts: https://www.courts.maine.gov/going_to_court/probate/
- Maine Revised Statutes and titles (search statutes for probate and trust provisions): https://legislature.maine.gov/statutes/
These pages link to the statutory provisions that govern probate procedure, personal representative duties, accountings, and trust matters in Maine.
Practical checklist — what to request and keep
- Certified final probate order, discharge/closing order, and any decree of distribution.
- Final accounting approved by the court (if applicable).
- Copies of all transfer instruments (deeds, assignment agreements, beneficiary change forms).
- Bank and broker statements showing transfers or retitling into the trust.
- Recorded deed copies for any real estate moved into the trust.
- Signed trustee acceptance and an updated trust asset list.
- Written confirmation from financial institutions and title companies that transfers are complete.
Potential problems and next steps
- If a bank refuses to change title: provide the institution with the trust document, a certified copy of the personal representative’s discharge (if probate concluded), and the trustee’s acceptance. If refusal continues, a court order may be required.
- If a deed was not recorded correctly: record or re-record the correct deed at the county registry of deeds and keep certified copies.
- If beneficiaries dispute funding or distributions: file a petition in the probate court to resolve the dispute or seek instructions regarding the trust.
Final note and disclaimer
This information explains common steps and documents used in Maine to confirm that probate is closed and a trust is funded. It is educational only and not legal advice. For specific legal guidance on your situation, consult a licensed Maine attorney or contact the probate court where the estate was administered.