Detailed Answer

As a personal representative in Montana, you have a legal duty to wrap up the decedent’s estate, distribute assets, and protect yourself from future liability. Two key tasks you may need to confirm are (1) the probate proceeding has formally concluded and (2) any intended trust has been properly funded (that is, title or beneficial ownership of the estate assets has been transferred into the trust). Below are practical steps, documents to obtain, and Montana-specific resources to help you confirm both.

Step 1 — Confirm the probate proceeding is formally closed

1. Check the court docket and case file. The district court that handled the probate will have the probate case record. Contact the clerk of the district court in the county where the probate was opened and request the probate docket or file. The docket will show key orders, filings, and the final court action closing the estate.
2. Obtain a certified copy of the final order or decree. The court should issue an order or decree of distribution or an order closing the estate. Request a certified copy from the clerk. A certified closing order is the primary proof the probate is finished.
3. Review the final accounting and receipts. Montana practice commonly requires a final inventory and accounting and receipts from beneficiaries or transferees. Confirm the accounting was filed and approved by the court (or that written waivers/approvals were filed when applicable).
4. Look for a court discharge or release of the personal representative. In some cases the court will enter an order discharging the personal representative from further duties. If the court did not enter a specific discharge, the final decree and approved accounting serve a similar purpose.
5. Confirm statutory waiting periods and notices are satisfied. Ensure required notices and any objections period expired or were resolved before the court closed the estate.

Step 2 — Confirm the trust has been properly funded

“Funding” a trust means transferring legal title or beneficial ownership of each intended asset into the name of the trust or changing beneficiary designations so the trust receives the asset at the correct time. Tasks to confirm funding include:

1. Request a written acceptance from the successor trustee. The successor trustee should provide a written acknowledgment that they accept the trusteeship and that the trust now holds (or will hold) the specified assets.
2. Obtain documentary proof of transfer for each asset type:
   • Real estate: obtain a copy of the recorded deed transferring title into the trust (or recorded affidavit or other instrument showing the change). Check the county recorder’s office where the property is located to confirm the deed was recorded.
   • Bank and brokerage accounts: obtain statements showing the account owner name changed to the trust or that the assets were moved into trust-controlled accounts. Ask the financial institution for written confirmation that it accepts the trust’s certificate of trust and that accounts are titled to the trust.
   • Retirement accounts and life insurance: funding often occurs by changing beneficiary designations to the trust (if appropriate) or by direct designation to beneficiaries. Obtain copies of beneficiary designation forms or confirmations from the plan administrator that the trust is now the named beneficiary, if that was the testator’s intent.
   • Personal property: obtain written assignments, bills of sale, or receipts showing the transfer of personal property (vehicles, collectibles, etc.) into the trust.
3. Obtain a certificate of trust or trustee’s affidavit. Many institutions will accept a certificate of trust instead of the full trust document to verify trustee authority. The certificate should identify the trust, its date, the trustee, and the trustee’s powers.
4. Get confirmations and receipts from beneficiaries and the trustee. Written receipts or acknowledgments that assets were delivered to the trustee or beneficiaries reduce risk of later disputes.
5. Confirm record searches and lien clearances. Before transferring real estate or vehicles into a trust, confirm that mortgages, liens, or judgments have been paid or remain properly reflected. A county record search can confirm recorded liens have been addressed.

Documents that prove probate closing and trust funding

• Certified final order or decree of distribution from the district court (proof probate closed)
• Approved final accounting filed with the court
• Certified Letters Testamentary or Letters of Administration (showing your authority during administration)
• Recorded deeds transferring real estate to the trust (county recorder)
• Bank or brokerage statements showing securities/accounts titled in the trust name
• Certificates of trust or trustee acceptance letters
• Beneficiary designation confirmations (for retirement, life insurance)
• Receipts, assignments, and releases from beneficiaries and transferees

Montana statutes and resources

Montana’s probate and trust rules appear in the Montana Code (Title 72). For statutory language about probate and trusts, consult the Montana Code, Title 72 (Probate and Trust), available on the Montana Legislature website: https://leg.mt.gov/bills/mca/title_72/. For local court procedures and self-help probate resources, see the Montana Judicial Branch probate self-help pages: https://courts.mt.gov/selfhelp/probate.

When to get legal help

If you find missing documents, unresolved creditor claims, contested beneficiary issues, complications with title transfers, or uncertainty about how to treat particular assets (for example, whether an asset must go through probate or can pass outside probate), consult an attorney experienced in Montana probate and trust matters. An attorney can request court orders, prepare deeds and assignments, handle tax filings, and protect you from personal liability.

Helpful Hints

• Start by asking the court clerk for copies of the final order and the case docket—this confirms the official closure.
• Collect and keep certified copies of any court orders and recorded deeds; these are your best proof if questions arise later.
• When transferring real estate, always verify the deed was recorded in the county recorder’s office where the property sits and keep the recording number.
• Get written trustee acceptance and a certificate of trust early; many financial institutions will not retitle accounts without them.
• Keep a clear checklist showing each asset, how it passed (court order, deed, beneficiary designation), and the document proving the transfer.
• Keep all final tax filings and confirmation of tax clearance for the estate; tax issues can delay formal closing and funding.
• If you are unsure whether an asset required probate, ask the court clerk or an attorney rather than assuming; joint accounts and beneficiary-designated assets often pass outside probate.
• Retain records for several years. Even after closing, beneficiaries may ask for proof of distribution and courts may examine your administration later.

Disclaimer

This information explains general practices under Montana law and is intended for educational purposes only. It is not legal advice and does not create an attorney-client relationship. For guidance about a particular case, consult a licensed Montana attorney.