Disclaimer

This is educational information only and not legal advice. If you need advice about a specific estate or trust, consult a New Hampshire attorney licensed in estate or trust matters.

Detailed answer — what to check and how to prove it

A probate proceeding is not truly “closed” until the probate court signs an order that approves the final accounting and formally discharges the personal representative, and until the assets intended for a trust are retitled or otherwise transferred into the trust’s name. In New Hampshire, you confirm closure and funding by reviewing court filings and by gathering documentary evidence of transfer from each asset custodian (bank, registry of deeds, transfer agent, etc.). See the New Hampshire Judicial Branch probate information and the New Hampshire Revised Statutes Annotated for governing rules and forms: NH Probate Courts and NH Revised Statutes Annotated (RSA).

Step 1 — Confirm the court issued a final closing order

Ask the probate court clerk for the docket entries and a certified copy of the final order closing the estate. Key documents to find in the court file or docket include:

• Final accounting filed by the personal representative.
• Court order approving the final accounting and directing distribution.
• Order discharging the personal representative (sometimes called an order of final discharge or decree of distribution).
• Evidence that any required bond was released or exonerated.

If any of these items are missing, the probate may not be complete. The probate clerk can confirm the case status and provide certified copies of court orders you will need for financial institutions and registries.

Step 2 — Verify the probate docket and filings

Review the probate docket for entries that show the court approved distribution to a trust or authorized transfer of specific assets. If the Will directs a personal representative to fund a trust, the court’s distribution order should reflect that authorization. If the will or court order instructs the PR to transfer assets to a named trust, that transfer must be reflected in the court file or in documents produced after the order.

Step 3 — Get certified copies of the closing documents

Obtain certified copies of the closing order and any distribution orders from the courthouse. Financial institutions, county registries, and transfer agents often require a certified copy before they will act.

Step 4 — Collect transfer evidence from each asset custodian

Each type of asset needs its own proof that it moved from the decedent’s estate into the trust. Typical evidence includes:

• Real estate: a new deed conveying title to the trust, recorded at the county registry of deeds. Check the registry to confirm recording.
• Bank and brokerage accounts: bank statements or trustee/beneficiary letters showing accounts retitled to the trust, or check drafts showing distribution to the trust.
• Securities: transfer agent confirmations, new account statements in the trust’s name, or stock certificates reissued to the trust.
• Vehicles: updated title/registration documents showing the trust as the owner, where required by state DMV procedures.
• Life insurance and retirement accounts: confirmation that beneficiary designations are as intended (note: payable‑on‑death and beneficiary designations generally pass outside probate and may need adjustment to match the trust’s plan).

Step 5 — Obtain receipts, releases, or acknowledgments

Beneficiaries and transferees often sign receipts or releases showing they received their distributions. For assets moved into a trust, obtain written acknowledgments from the trustee and from the institutions that accepted the trust as owner or account holder. Keep originals and certified copies with the estate file.

Step 6 — Conduct independent searches

Independent checks help confirm there are no unknown encumbrances or missing transfers:

• Title search at the county registry of deeds for real property to confirm the deed recorded and show current ownership.
• UCC search (if personal property might be subject to liens) to see whether creditors filed claims.
• Check tax records to confirm post‑distribution tax filings (estate tax, if applicable) are complete, and there are no outstanding liens.

Step 7 — Keep a clear paper trail and file the final accounting

Maintain a detailed ledger showing receipts and disbursements, copies of checks or transfer confirmations, and any communications with institutions. The court usually requires a final accounting that summarizes everything the personal representative did; the court’s approval of that accounting is a central piece of proof the probate is closed.

Step 8 — When transfers don’t match orders

If a financial institution refuses to retitle assets or if an asset cannot be located, you may need a supplemental court order directing transfer, sale, or substitute distribution. The probate court can issue such orders on petition.

Authority and where to read the rules

New Hampshire probate practice follows state statutes and local court rules. For official information see the New Hampshire Judicial Branch probate pages: https://www.courts.state.nh.us/courts/probate/. For the state statutes (Revised Statutes Annotated), consult: https://www.gencourt.state.nh.us/rsa/.

Short hypothetical example

Hypothetical: Maria is the personal representative for her father’s estate in New Hampshire. The will directs Maria to fund a revocable trust with the family home and several brokerage accounts. To confirm everything is complete, Maria:

1. Obtains a certified copy of the probate court’s order approving her final accounting and discharging her as personal representative.
2. Records a deed at the county registry transferring the home into the trust and obtains the recorded deed number.
3. Receives written confirmation from the brokerage that the accounts were retitled to the trust and saves the account statements showing the trust as owner.
4. Keeps the court’s final order and all transfer confirmations in the estate file and gives beneficiaries copies of receipts where appropriate.

With those documents, Maria has proof the probate closed and the trust received the assets.

Helpful Hints

• Start at the probate court: a certified closing order is the single most important piece of evidence that probate is finished.
• Get everything in writing. Banks, brokers, registries, and transfer agents will act only on written, certified documents.
• Record deeds promptly. A recorded deed is public proof real estate moved to the trust.
• Ask each institution what its exact requirements are to accept a trust (some want a certificate of trust; others want a full trust document).
• Keep a clear final accounting and copies of all cancelled checks and transfer confirmations—these are often required for the court’s file.
• Consider a title search or UCC search when valuable assets are involved to confirm no hidden liens remain.
• If an institution refuses to transfer, file a short petition with the probate court asking for a clarifying order.
• When in doubt or when disputes arise, consult an attorney experienced in New Hampshire probate and trust matters.