Detailed Answer
This guide explains how a personal representative (executor or administrator of an estate) can confirm that a Washington probate proceeding has ended and that any intended trust has been properly funded. It assumes no prior legal experience. This is educational information only and not legal advice; consult an attorney for decisions affecting rights or duties.
1. Understand the difference: probate vs. trust administration
Probate is a court-supervised process that settles a decedent’s probate estate (paying creditors and distributing assets under a will or intestacy). Trust administration (for a living or testamentary trust) is usually a private process carried out by a trustee. A trust is properly funded when the trust owns the assets (titles, accounts, deeds) intended to be in the trust or when assets required by a testamentary trust are distributed into it after probate.
See Washington laws on probate and trusts for general rules: RCW Title 11 (Probate and Trusts) — https://app.leg.wa.gov/rcw/title/11/ and Washington’s Trust Code — https://app.leg.wa.gov/rcw/title11/chapter11.98/.
2. Verify the probate case is closed
- Check the court docket and file. Ask the probate clerk in the county where probate was opened for the case number and request copies or an electronic docket printout. Look for a final order, decree of distribution, or order discharging the personal representative. These documents show the court approved final accounting and closed the estate.
- Locate the final accounting or final report. The court usually approves a final account or report before issuing a closing order. Confirm the judge signed an order approving the accounting, allowing distribution, and discharging the personal representative.
- Look for an order of discharge or final decree. The signed order of discharge or final decree ends the court’s supervision and releases the personal representative from further duty, except for obligations specified in the order.
- Confirm no outstanding creditor claims or pending motions. Review the file for unresolved creditor claims, contests, or appeals. If any remain, the estate may not be fully closed.
3. Confirm the trust has been funded
“Funding” a trust means transferring legal title of each designated asset into the name of the trust (or transferring assets required to fund a testamentary trust after probate distributions). To confirm funding:
- Obtain an asset list showing transfers. Ask for a current schedule of trust assets from the trustee or the personal representative (if the estate funded a testamentary trust). The list should identify how each asset was transferred (deed, retitled account, check deposited to a trust account, beneficiary designation changed, etc.).
- Get certified or recorded documents for major asset types:
- Real estate: recorded deed(s) showing title transferred into the trust’s name (check the county recorder’s office).
- Bank and investment accounts: account statements showing the account title in the trust’s name or checks/wire receipts showing transfers into a trust account.
- Vehicles: title transfers showing the trust as owner (Department of Licensing records).
- Securities: transfer confirmations or account statements showing the trust as the registered owner.
- Confirm trustee acceptance and authority. A trustee should provide a signed acceptance of trusteeship and a certification of trust or copy of the trust instrument (as allowed). The trustee must have authority to hold and manage trust property under the trust terms and Washington’s Trust Code (RCW chapter 11.98).
- Verify funding of testamentary trusts after probate distributions. If the will directed the personal representative to fund a testamentary trust, confirm the personal representative actually transferred the assets to the trustee and that the trustee acknowledged receipt.
4. Use records and third-party checks
- Get certified copies of the court’s closing order or decree from the probate clerk.
- Ask the trustee and personal representative for written receipts, release forms from beneficiaries, or signed acknowledgements of asset delivery.
- Check public records: county recorder for deeds, Secretary of State or DOL for vehicle or business title changes, and financial institution statements for account re-titling.
- Obtain a final accounting from the personal representative and an accounting or inventory from the trustee. Compare these to the estate inventory filed in probate.
5. What to do if transfers aren’t complete or are disputed
If assets have not been transferred as required, or if beneficiaries or a trustee dispute the transfers, consider these steps:
- Contact the personal representative or trustee in writing requesting proof of transfer and a timeline for completion.
- Seek copies of closing documents, receipts, transfer confirmations, or title records.
- If court-supervised relief is needed (for example, to enforce distribution under a will or to require the personal representative to complete a transfer), consult an attorney about filing a motion in probate court to enforce orders or seek sanctions.
6. Records to keep
Retain certified court orders, the final accounting, trust instrument or certification of trust, transfer deeds, account statements showing retitling, trustee acceptance, and beneficiary receipts. Keep originals where possible and certified copies in your secure files.
Statutes and further reading
- Washington Revised Code of Washington, Title 11 (Probate and Trusts): https://app.leg.wa.gov/rcw/title/11/
- Washington Trust Code (chapter 11.98 RCW): https://app.leg.wa.gov/rcw/title11/chapter11.98/
When to consult an attorney: consult a Washington probate or trust attorney if you see incomplete transfers, competing claims, unclear trust terms, tax consequences, complex assets (business interests, international assets), or if the court file lacks a clear closing order. An attorney can help enforce the court’s orders or handle contested matters.
Disclaimer: This is general educational information about Washington probate and trust funding. It is not legal advice and does not create an attorney-client relationship. For advice about a specific situation, consult a licensed Washington attorney.
Helpful Hints
- Ask the probate clerk for certified copies of any final order or decree—those are your strongest proof the case closed.
- Request a written asset schedule and receipts from the trustee or personal representative. Written proof prevents future disputes.
- Search county recorder records online for deeds recorded in the trust’s name after probate.
- Check bank and broker account title lines carefully; a trust account typically includes the trust name and date (e.g., “John Doe, Trustee of the Jane Doe Revocable Trust dated Jan. 1, 2020”).
- If the probate file shows a final accounting but some assets still appear titled to the decedent, follow up immediately—those assets may still be part of the probate estate.
- Keep one digital folder with PDFs of the court’s closing order, trust instrument/certification, transfer documents, final accounting, and receipts for easy reference.
- If a beneficiary raises concerns, respond in writing and seek legal guidance early—unresolved disputes can lead to litigation that is harder to resolve after years pass.