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When you act as a personal representative (executor or administrator) in Vermont, you must be able to confirm two separate but related end points: (1) the probate case is legally closed, and (2) the decedent’s assets that were supposed to go into a trust were actually transferred (funded) to the trust. These are distinct confirmations. Below is a practical, step‑by‑step approach you can use along with the legal records you should request.

A. Confirming the probate proceeding has concluded

1. Obtain certified court documents: Ask the probate clerk for certified copies of the court’s final order closing the estate (sometimes called an order of discharge, decree of distribution, or judgment closing the estate) and the court’s approval of the final account or report. These are the primary legal proof that the court has closed its oversight.
2. Check the docket and case file: Review the probate docket entries or the case file to confirm the judge signed the final order and that the clerk entered it. Many Vermont probate courts will provide a stamped copy or note the case status as closed. If unsure, contact the probate clerk in the county where the estate was opened.
3. Look for a discharge of the personal representative or release of bond: If you posted a bond, the court usually issues an order releasing the bond when the estate closes. If the court issued a discharge of the personal representative’s duties, obtain a certified copy.
4. Confirm approval of the final accounting: The court normally approves the personal representative’s final accounting before closing the estate. The court’s order approving that accounting is essential proof that the court accepted the financial report and distributions.
5. Ask for a final decree or entry of judgment: Some Vermont courts issue a specific “decree” or “entry” that officially ends probate supervision. That document clarifies the estate is no longer under probate jurisdiction.

For statutory guidance on probate procedures and fiduciary duties, consult Vermont’s probate and fiduciary statutes (Title 14 of the Vermont Statutes): Vermont Statutes, Title 14 (Probate, Trusts & Fiduciaries). If the matter involves trust law specifically, Vermont’s trust statutes are at Title 14A: Vermont Statutes, Title 14A (Trusts).

B. Confirming a trust has been properly funded

“Funding” a trust means moving or retitling assets from the decedent (or the probate estate) into the name of the trust (or otherwise designating the trust as the legal owner or beneficiary). Confirm funding as follows:

1. Ask the trustee for documentation of acceptance and transfers: The trustee should provide a trustee acceptance (signed statement that the trustee accepts the trust and its duties) and a schedule of assets showing which assets were moved into the trust and when.
2. Get certified copies or originals of transfer instruments: For each asset type, get the document that proves the transfer:
   • Real property: a recorded deed transferring title into the trustee’s name (or into the trust). Confirm the deed is recorded at the county land records office.
   • Bank and brokerage accounts: account statements showing the account title changed to the trustee or trust, or a new account opened in the trust’s name with the transfer documented.
   • Securities: stock transfer forms, brokerage instructions, or account statements showing the trust as owner.
   • Vehicles: a title transfer or registration showing the trust or trustee as owner (Vermont Dept. of Motor Vehicles procedures may apply).
   • Insurance and retirement accounts: beneficiary designation forms that name the trust, or plan administrator confirmations if the trust is the payee/beneficiary.
   • Personal property: signed assignments or inventories that show personal property moved into the trust.
3. Confirm recording and institutional acknowledgements: For recorded documents (like deeds), verify the county land records show the new deed. For financial institutions, get written confirmations (account statements or letters) acknowledging the trust as owner. Many institutions will require a certified copy of the trust and a trustee certification.
4. Match transfers to the estate inventory/accounting: The estate’s final accounting and distribution schedule should show the transfers into the trust or distributions to the trust. If the court approved those distributions, the accounting and the court’s order together provide strong proof the transfers were intended and approved.
5. Retain proof of tax filings and releases: If estate taxes, income taxes, or estate-related liabilities were paid before funding the trust, keep receipts and filings. Tax clearance or receipts can remove clouds on assets and help show the trustee received the net asset free of estate encumbrances.

C. Practical cross‑checks

• Compare dates: ensure the trust transfers occurred after any necessary court approval (if the court required authorization) and before or consistent with the final distribution order.
• Confirm no assets remain in the decedent’s name: review the final inventory and do a targeted search (bank, land records, vehicle title) to find assets still titled to the decedent.
• Obtain releases from beneficiaries or heirs when appropriate: if beneficiaries received distributions or releases, get signed receipts or releases to avoid later claims.

D. When you should get help from a lawyer or other professionals

Seek legal counsel if you find inconsistencies between the court’s order and the asset transfers, if institutions refuse to retitle assets, if the trust instrument is unclear on funding procedures, or if creditors or taxes remain unresolved. An attorney can request court guidance or file a petition (for example, to interpret the will or trust or to seek directions) and can help secure court orders to complete funding.

Helpful Hints

• Keep an organized closing packet: include certified letters testamentary or letters of administration, the court’s final order, the final accounting, receipts for distributions, recorded deeds, account statements, and trustee confirmations.
• Obtain multiple certified copies of key documents (letters and final order). Institutions often require originals or certified copies.
• Don’t distribute assets pending court approval: unless the court authorized interim distributions, wait for court approval before making final distributions or transfers intended to satisfy the will or fund a trust.
• Record real estate transfers promptly: failure to record a deed can leave title clouded and may cause later disputes.
• Use written confirmations from banks and brokerages that specifically name the trust (or trustee) as the new owner.
• Check creditor deadlines and statutory waiting periods before closing: Vermont’s probate statutes and local rules set timelines for creditor claims and notice—review Title 14 (Probate and Fiduciaries) for deadlines and procedures: https://legislature.vermont.gov/statutes/title/14.
• If a trust is to receive particular assets (a “pour‑over will” to a revocable trust), make sure the trustee and personal representative coordinate closely so the trust actually gets the asset rather than leaving it in limbo.
• Document everything you do: dates, names of institutional contacts, copies of correspondence, and receipts. Clear records reduce the risk of later disputes.
• If an asset cannot be retitled (e.g., a retirement account that must pay benefits), secure a written statement from the plan administrator explaining how benefits will be paid to the trust or to its beneficiaries.