Detailed Answer
Short answer: A personal representative (executor or administrator) confirms a probate case is closed by obtaining the court’s final order or discharge and by keeping copies of all final filings and receipts. To confirm a trust has been properly funded, the representative (or successor trustee) must verify that each asset named in the trust has been retitled, transferred, or recorded in the trust’s name (or otherwise handled according to the trust document), and keep documentary proof of each transfer.
What “concluded” means for a South Carolina probate case
In South Carolina a probate case is generally “concluded” when the court has entered a final order that settles the estate administration. Typical court actions that signal conclusion include: an order approving a final account; an order of distribution or decree closing the estate; and an order discharging the personal representative. Many of the procedures governing probate and fiduciary duties appear in South Carolina’s probate statutes (Title 62). You can review the South Carolina Code, Title 62 (Wills, Trusts, and Fiduciary Relations) at: https://www.scstatehouse.gov/code/title62.php.
Documents that prove the probate case is closed
- Final order or decree closing the estate – a court-signed document that explicitly closes administration or directs final distribution.
- Order approving the final accounting – shows the court accepted the final accounting and distributions.
- Order discharging the personal representative – releases the PR from further duties (when issued).
- Certified docket or court-certified case summary – a court record showing the case status and final filings.
- Receipts, releases, and waivers from beneficiaries – beneficiary acknowledgements that they received their property.
Steps to confirm probate is finished
- Request a certified copy of the court’s final order and any discharge or decree from the clerk of probate where the estate was opened.
- Check the probate court docket for a closing entry or final hearing entry. South Carolina probate court information and forms are available from the South Carolina Judicial Branch: https://www.sccourts.org/probate/.
- Verify the final accounting was filed and approved. Keep a copy of the approved accounting and all supporting receipts.
- Collect signed receipts and releases from all beneficiaries acknowledging distribution of property or funds.
- Confirm any surety bond has been discharged and that any claims against the estate were resolved or rejected by the court.
How to confirm a trust is properly funded
“Funding” a trust means transferring ownership or control of each intended asset into the trust (or otherwise arranging that the trust will receive the asset on trust administration). For each asset class, look for specific proof:
- Real property: a recorded deed that transfers title into the trustee’s name or into the trust (for example, “John Doe, Trustee of the Jane Doe Revocable Trust dated MM/DD/YYYY”). Check the county register of deeds for recorded instruments.
- Bank and brokerage accounts: account statements or change-of-title confirmations showing the account name includes the trust or trustee designation, or bank transfer receipts moving estate assets into trust accounts.
- Securities: broker statements showing the securities are held in the name of the trust or in a brokerage account titled for the trust; or confirmation of an in-kind transfer into a trust account.
- Vehicles: title paperwork or a DMV record retitling the vehicle to the trustee or to the trust as required by vehicle-title rules.
- Retirement accounts & life insurance: while many retirement accounts and life insurance policies pass by beneficiary designation (not by trust funding), a trust can be a named beneficiary. Confirm beneficiary designation forms list the trust and get plan/insurer confirmation.
- Personal property: signed written assignments or inventory with receipts showing distribution or retitling into trust ownership.
Documents that prove trust funding
- Recorded deeds, with county recorder/ register-of-deeds stamps.
- Bank or brokerage statements showing the trust or trustee as account owner.
- Transfer/assignment forms or instrument of acceptance signed by the trustee.
- Trustee’s written schedule of trust assets and a trustee’s certification or acceptance under the trust.
- Receipts from payors (e.g., insurance companies) noting the trust as payee or beneficiary when appropriate.
Practical verification checklist
- Obtain certified copies of the probate court’s final order, order of distribution, and discharge (if any).
- Collect the final accounting and approved exhibits.
- Ask the trustee for a signed, itemized trust schedule showing assets and the date and method of transfer into the trust.
- Request documentary proof for each transfer (recorded deeds, account statements, transfer receipts).
- Search county land records for recently recorded deeds (for real estate).
- Confirm with banks/brokers and the DMV that titles and accounts now list the trust/trustee appropriately.
- Keep beneficiary receipts/releases and any tax filings or filings with the court.
When to involve an attorney or title company
If transfers are incomplete, ambiguous, or if a third party (bank, title company, or beneficiary) disputes funding, consult an attorney experienced in South Carolina probate and trust law. For real property transfers, a title company can perform a title search to verify proper recording and help clear title defects. For questions about fiduciary duties, accounting disputes, or petitioning the court for instruction or enforcement, an attorney can advise on petitions to the probate court.
Relevant South Carolina resources
- South Carolina Code, Title 62 (Wills, Trusts, and Fiduciary Relations): https://www.scstatehouse.gov/code/title62.php
- South Carolina Judicial Branch — Probate information and forms: https://www.sccourts.org/probate/
Note: The exact filings and wording vary with the county probate court and the facts of the estate or trust. Keep organized copies and certified documents as your best evidence that matters are complete.
Disclaimer: This information is educational only and is not legal advice. I am not a lawyer. If you need legal advice about a specific estate or trust matter in South Carolina, consult a licensed attorney.
Helpful Hints
- Always get certified copies of court orders (not just photocopies). A certified order is the accepted proof for banks, title companies, and other institutions.
- If a deed is involved, check the recorder’s online index or visit the county register of deeds to confirm the deed recorded correctly and shows the trust/trustee as grantee.
- Ask banks and brokers for account statements that show the account owner name change. Statements with the trust name reduce the risk of later challenge.
- Keep a single, dated inventory or schedule of trust assets signed by the trustee. That schedule helps prevent disputes over what should have been funded.
- When beneficiaries sign receipts, include a short description of property transferred and the date to avoid later ambiguity.
- Retain proof of notice to creditors and file required estate tax and income tax returns. Unaddressed creditor claims can delay closing.
- If a financial institution resists transferring an asset into the trust, request a written explanation. A refusal may require a court petition to compel transfer.
- Keep digital backups of all filings, recordings, and statements and make a secure paper file of originals and certified copies.