FAQ: How can a personal representative confirm that a probate (succession) proceeding has concluded and that a trust has been properly funded in Louisiana?

Short answer: In Louisiana a personal representative (often called an executor or administrator in other states) confirms a succession is concluded by obtaining the court’s final succession judgment (often called a judgment of possession or decree of distribution), checking the court docket for final accounts and discharge, and securing certified copies of the judgment. To confirm trust funding, the representative (or the new trustee) should verify documentary proof that each asset was retitled or transferred into the trust—recorded deeds for real estate, changed title on financial accounts, trustee account statements, and written confirmations from institutions. Wherever possible, obtain certified court records, recorded documents, and written confirmations from banks or other custodians.

Detailed answer — step-by-step checklist under Louisiana law

1) Confirm the succession (probate) is finished

1. Check the court docket and final judgment. The succession proceeds in the district court for the parish where the decedent lived or owned property. Look for a final judgment of possession or final decree of succession that allocates assets to heirs or beneficiaries. Ask the clerk of court for a certified copy of that judgment. If there is a judgment of possession or decree of distribution, it shows the court has settled the succession. (See Louisiana rules and succession provisions via the Louisiana Legislature: Louisiana Civil Code — Successions (Legis.la.gov).)
2. Confirm required inventories, accountings, and notices have been filed and approved. Louisiana procedure typically requires inventories and, in some cases, annual or final accountings by the personal representative. The court’s files (and the clerk) will show whether accounts were filed and approved and whether the court discharged the personal representative. Review the court minutes, the signed judgment approving accounts, and any order discharging the representative.
3. Look for a formal discharge or release. The court may issue an order discharging the personal representative or allowing final distribution. If the representative was bonded, the court will often order the bond exonerated when the final judgment is entered. Obtain a certified copy of the discharge or exoneration order.
4. Get certified copies of key documents. Obtain certified copies of: the judgment/decree of possession or distribution, any order approving a final account, and any discharge/exoneration order. These documents are proof that the succession process concluded in court.
5. Confirm transfers required by the judgment actually occurred. The final judgment may instruct the representative to transfer specific assets to heirs or to a trust. Track whether transfers required by the judgment were completed (see step 2 below). If heirs received title by order of court (e.g., through a judgment of possession), you can use that judgment as the source document to record new deeds.

2) Confirm the trust was properly funded

Funding a trust means transferring legal title of each asset into the name of the trustee (or into the name of the trust). To verify this, collect documentary evidence for each type of asset:

• Real estate: Verify that a deed conveying the property into the trustee’s name or into the trust was prepared and recorded in the parish conveyance records. A recorded deed is the primary proof of transfer for real estate. You can search the parish recorder’s public records or obtain certified copies of recorded deeds.
• Bank and brokerage accounts: Request written confirmation from each bank or broker that the account has been retitled to the trust (or to the trustee as trustee of the trust) and obtain account statements showing the new title. Many institutions provide a formal letter or statement confirming the account name and tax identification number.
• Certificates of title (vehicles): Confirm with the Louisiana Office of Motor Vehicles (OMV) that the vehicle title was changed to the trustee/trust name and obtain a copy of the updated title.
• Life insurance and retirement accounts: Check beneficiary designations. These assets typically pass outside probate to named beneficiaries. If the intention was to make the trust beneficiary, confirm that the beneficiary designation form lists the trust and is on file with the insurer or plan administrator. Obtain written confirmation from the insurer/plan administrator.
• Business interests: For LLCs, corporations, or partnerships, obtain amended ownership records, membership certificates, buy-sell acknowledgments, or amended agreements showing the trust as owner. Record any necessary filings with the Secretary of State.
• Personal property and intangible assets: For high-value personal property (art, jewelry) get bills of sale, assignment documents, or receipts showing transfer into the trust.

3) Cross-check public records and institutional confirmations

Some measures you can take to verify transfers independently:

• Search the parish conveyance (recorder) website to see whether deeds listing the trust or trustee are recorded.
• Obtain written confirmation from banks, brokers, the OMV, insurers, and retirement plan administrators that the trust is listed as owner or beneficiary.
• If the court’s succession judgment directed transfers, confirm the implementing documents reference the court judgment (many deeds reference the judgment of possession or the recording instrument required by the court).

4) Use a trustee’s certificate or affidavit

A trustee can prepare a trustee’s certificate or affidavit stating which assets the trust owns. While not a substitute for recorded deeds or institutional titles, such a certificate helps third parties accept trust ownership. For property that requires recording (like real estate), the recorded deed will control.

5) Tax and administrative follow-up

• Obtain an EIN for the trust (if the trust is a separate taxable entity) and ensure financial institutions have the correct EIN and trust name.
• Verify whether a final estate tax return, inheritance tax filing, or other filings were required and completed. Keep receipts and filing confirmations. (For Louisiana tax law and related rules, consult the Louisiana Department of Revenue and the Louisiana statutes: Louisiana statutes and revenue resources.)

6) When to get professional help

If any asset shows defects in chain of title, banks refuse to retitle accounts, or there is disagreement among heirs or the trustee, consult an attorney experienced in Louisiana successions and trust administration. A lawyer can help obtain corrective deeds, file clarifying pleadings in court (for example, to enforce an order), or obtain orders recognizing transfers where third parties resist.

Common documents and confirmations you should collect

• Certified final judgment of succession (judgment of possession or decree of distribution)
• Court order approving final account and discharging the personal representative
• Certified recorded deeds transferring real estate into the trustee/trust
• Written confirmation from banks, brokers, and insurers that accounts/titles were changed
• Trust instrument and any amendments, plus the trustee’s acceptance
• Trustee’s certificate or affidavit listing transferred assets
• Final tax filings and receipts (estate or trust EIN and returns as applicable)

Helpful hints

• Keep originals and get certified copies: Certified copies of court judgments and recorded deeds are the strongest proof.
• Record deeds promptly: Real estate must be recorded in the parish where the property lies to protect title and give public notice.
• Ask for written confirmations from financial institutions—phone calls are weak proof.
• Match instrument names precisely: Banks and recording offices often require the trust name to exactly match the trust document (including date of the trust).
• Check the court docket online or contact the clerk of court in the parish where the succession was filed for the official record.
• If a judge ordered distribution, ensure transfers reference the judgment when possible (e.g., deeds often reference the succession matter and judgment date).
• Maintain a central file: Put all certified court orders, recorded deeds, account statements, and confirmations in one file for future proof.

Useful official resources:

• Louisiana Legislature — search results for Successions (Civil Code provisions and statutes): https://legis.la.gov/Legis/LawSearch.aspx?search=Successions
• Louisiana Legislature — search results for Trusts and related statutes: https://legis.la.gov/Legis/LawSearch.aspx?search=trust
• Contact the district court clerk in the parish where the succession was filed (the clerk keeps the official file and can issue certified copies).

Bottom line: To confirm a succession is concluded and a trust is funded in Louisiana, collect certified court judgments showing final distribution and discharge of the personal representative, and collect documentary proof for each asset showing that title or beneficiary designation was changed to the trustee or the trust. When in doubt, check public records and get written confirmations from institutions—and consult a Louisiana attorney if title issues or disputes arise.

Disclaimer: This article explains general principles and is not legal advice. It is not a substitute for consulting an attorney licensed in Louisiana about the specific facts of your matter.