Detailed Answer: How a Personal Representative Confirms Probate Is Closed and a Trust Is Funded in Delaware

Short answer: A personal representative (executor or administrator) confirms that probate has concluded by obtaining the court’s final orders (final account, decree of distribution, or discharge) and by collecting certified copies of those orders. To confirm a trust has been properly funded, the personal representative (or successor trustee) verifies that each asset named in the estate inventory has been retitled, transferred, or otherwise documented as owned by the trust (for example, recorded deeds, bank or brokerage statements showing trust ownership, or beneficiary designations naming the trust).

Key Delaware authorities and resources: General Delaware probate and fiduciary law appear in Delaware Code, Title 12. See Delaware Code, Title 12: https://delcode.delaware.gov/title12/. For trust disputes and questions about fiduciary duties, Delaware Court of Chancery frequently has jurisdiction: https://courts.delaware.gov/chancery/. For Register of Wills and county procedures, see the Delaware Courts site: https://courts.delaware.gov/.

Step-by-step: Confirming probate has concluded

Obtain certified court orders or certificates: Ask the Register of Wills or the probate court clerk for certified copies of the documents showing the estate’s administration is complete—commonly called an order closing the estate, decree of distribution, or a court-issued discharge. A certified court order is the clearest proof the court has closed its administration.
Check the estate docket: Review the court docket entries for the estate file to confirm that the final account was filed and approved and that the court issued any order of distribution or discharge. You can request a docket printout from the probate clerk or check online where available.
Request the final account and receipts: The personal representative should prepare and file a final account showing all money in and out, plus receipts from beneficiaries or transferees for distributions. Confirm that the court approved that account or that beneficiaries signed receipts acknowledged in court.
Look for an order of discharge or release: In many administrations, the court will enter an order discharging the personal representative from further duties once the final accounting and distributions are complete. A discharge or release entry is a formal way to confirm the representative’s official duties have ended.
Get certified records from the Register of Wills: If you do not have the original probate documents, request certified copies from the Register of Wills for the county where probate was opened. These certified copies are often required by institutions when closing or transferring assets.

Step-by-step: Confirming a trust has been properly funded

Compare the estate inventory to the trust schedule: Start with the estate inventory filed in probate and the trust instrument or schedule of trust assets. Identify which assets should be moved into the trust.
Confirm title changes on major assets:
- Real estate: Verify that the deed has been recorded in the county Recorder of Deeds transferring ownership to the trustee in their capacity as trustee of the trust (for example, “Jane Smith, Trustee of the Jane Smith Revocable Trust dated Jan. 1, 2020”). Search county land records for the recorded deed.
- Bank and brokerage accounts: Obtain statements showing the account title changed to the trustee or that the accounts were paid to the trust. Institutions often require certified court documents plus the trust and death certificate to retitle accounts.
- Securities and certificates: Confirm transfer documents or brokerage account statements showing the trust as owner.
- Life insurance and retirement accounts: Check beneficiary designations. If the trust was meant to be beneficiary, confirm the insurer/plan administrator recognizes the trust as beneficiary and has processed any required claim or change.
Obtain written confirmations from institutions: Ask banks, brokerage firms, title companies, and insurance carriers for written confirmation that an asset has been transferred to the trust or paid to a named beneficiary. Keep copies of any change-of-title forms and new account statements.
Look for trust accountings or receipts: If the trustee is active, request a trustee accounting or a ledger showing when and how each asset was moved into the trust. For significant transfers (real estate especially), a recorded deed or transfer affidavit is compelling proof.
Confirm beneficiary acknowledgement if applicable: Where beneficiaries received distributions from the estate that should have transferred to the trust, collect signed receipts or releases confirming they received the distribution and that no further claims remain.

What to do if funding is incomplete or unclear

Request an accounting from the personal representative or trustee: If you are a beneficiary or successor trustee, ask for a formal accounting or detailed inventory. If the personal representative won’t provide one, beneficiaries may petition the probate court to compel an account.
Search public records: Check county land records, UCC filings, and corporate records for title changes you expect to see.
File a petition in Delaware courts when necessary: For disputes about estate accounting, incomplete distributions, or to compel transfer to a trust, beneficiaries or interested parties may petition the probate court or, for trust-specific disputes and fiduciary duty claims, the Court of Chancery may have jurisdiction. See Delaware Code, Title 12: https://delcode.delaware.gov/title12/ and Delaware Court of Chancery: https://courts.delaware.gov/chancery/.

Documents and proof to collect

Certified copy of death certificate.
Certified Letters Testamentary or Letters of Administration.
Certified court order closing the estate or discharging the personal representative.
Final account and court approval of the account.
Recorded deeds showing title in trustee name.
Bank/brokerage statements showing trust ownership.
Written confirmations from institutions (letters or account statements).
Receipts/releases from beneficiaries.

When to consult an attorney

Consult a Delaware-licensed attorney if you cannot obtain required documents, if the personal representative refuses to provide an accounting, if you suspect assets were not transferred correctly, or if beneficiaries disagree about distributions. Trust and estate matters can involve overlapping jurisdiction (probate court, Court of Chancery), so timely legal advice helps protect rights and meet statutory deadlines.

Helpful Hints

Keep copies: Maintain a folder with certified court orders, the trust document, death certificate, and all transfer confirmations.
Ask for certified copies: Banks and title companies usually require certified copies of court orders and the trustee’s documents before acting—obtaining certified copies up front helps speed transfers.
Check land records early: Real estate often causes the biggest delays. Record or check deeds at the county Recorder of Deeds to confirm transfers.
Use specific account title language: Institutions look for exact trust-title language (e.g., “John Doe, Trustee of the John Doe Revocable Trust dated 01/01/2020”).
Document communications: Send requests for confirmations and accountings in writing and keep proof of delivery.
Be proactive: If you are a successor trustee, begin the retitling process quickly after receiving necessary certified documents to avoid lost opportunities or creditor claims.
Know the right forum: Probate matters often stay in the Register of Wills or probate court; trust law questions or fiduciary duty claims often go to the Court of Chancery in Delaware.

Disclaimer: I am not a lawyer and this is not legal advice. This article explains general Delaware procedures and common practical steps. For advice about a particular estate or trust, consult a Delaware-licensed attorney who can review the documents and court file and provide specific legal guidance.