Detailed Answer
This FAQ explains how a personal representative (the person appointed by the probate court to administer a decedent’s estate) can confirm that a probate proceeding in Florida has ended and that any intended trust has been properly funded. The steps below are practical and grounded in Florida law principles (see Florida Probate Code, Ch. 733, and Florida Trust Code, Ch. 736).
1. How to confirm a Florida probate proceeding has concluded
In Florida, a probate proceeding is complete when the court approves the final steps of administration and issues an order discharging the personal representative or closing the estate. To confirm that conclusion you should:
- Check the court docket and file. The probate file contains key items: the final accounting (if required), petitions for discharge or final report, and the court’s final order or judgment. Access the probate docket through the county clerk of court where the estate was opened or via that clerk’s online records portal.
- Obtain a certified copy of the court’s order. Ask the clerk for a certified copy of the court’s final order, decree of discharge, or final judgment. A certified order is often required to show third parties that the probate matter is closed.
- Confirm that statutory filings are complete. Typical required filings include the inventory, creditor notices (if applicable), petitions for administration, and the final accounting or final report. Florida’s administration rules are found in Chapter 733 of the Florida Statutes (Administration of Estates): Fla. Stat. Ch. 733.
- Look for discharge language. The court’s document that ends the case will typically say that the personal representative is discharged and released from further duties, and will direct distribution or closing steps.
2. How to confirm a trust has been properly funded in Florida
“Funding a trust” means transferring legal title or control of assets into the trust so the trustee can manage or distribute them under the trust terms. To confirm funding:
- Review the trust inventory or schedule. A properly administered trust will have a list of assets owned by the trust after funding. Ask the trustee for the trust schedule and supporting documents.
- Get documentary proof for each asset type:
- Real estate: a recorded deed transferring title to the trustee (or in some cases a recorded affidavit or other instrument). Check the county recorder or clerk’s official records to confirm the deed was recorded.
- Bank and brokerage accounts: account statements or a written confirmation from the institution showing the account is titled in the name of the trustee (for example, “[Trustee Name], as Trustee of the [Trust Name] dated [date]”).
- Stock and securities: transfer or reassignment documents or a brokerage account registered in the trustee’s name as trustee of the trust.
- Vehicles and titled personal property: updated titles showing the trustee as owner, where applicable.
- Intangible assets or contracts: assignments, beneficiary designation forms, or written acknowledgments that identify the trust as the owner or beneficiary.
- Check recording and public records. For deeds and other recorded instruments, confirm the instrument appears in the county’s public records where the property sits.
- Obtain written confirmations from institutions. Banks, brokerages, and title companies can provide written confirmation that an account or title has been changed to the trust. These are often the quickest proof of funding for third parties.
- Review how probate distributions were handled. If probate property was distributed to the trust (for example, by a court order directing residue to a revocable trust under a pour-over will), confirm the court order and the trustee’s receipt and subsequent retitling of those assets.
- Understand the difference between decree and retitling. A probate order can direct distribution of estate assets to a trust, but actual trust funding requires title or ownership changes to reflect the trust as the owner or beneficiary. Both the order and evidence of retitling are important.
- Consult the Florida Trust Code for guidance on trustee powers and duties. Chapter 736 of the Florida Statutes provides rules on trustee authority and duties that help explain how trustees must act when receiving and managing trust assets: Fla. Stat. Ch. 736.
3. Documents to request and examine
- Certified final order or discharge from probate court.
- Final accounting or report approved by the court (if the court required one).
- Deeds, recorded instruments, or confirmations for real property.
- Account statements or written letters from financial institutions showing trust ownership.
- Stock transfer or brokerage confirmations.
- Assignment forms or beneficiary designation confirmations for retirement plans or life insurance (note: some beneficiary designations supersede estate or trust instructions; verify with institutions).
- Receipts and releases from beneficiaries recognizing distribution or settlement (where appropriate).
4. Practical steps and checks
- Use the clerk’s office to pull the entire probate file and docket entries.
- Get certified copies of orders for third parties (banks, title companies) who require proof.
- Ask the trustee for a signed statement listing funded assets and attach supporting documents.
- For real property, search county public records to confirm the deed recorded in the trustee’s name.
- For accounts, request written verification from institutions rather than relying solely on the trustee’s word.
- Keep copies of all assignments, deeds, and account title-change confirmations in the estate file.
5. When to consult an attorney or accountant
Consider getting professional help if:
- Title transfers are disputed or banks refuse to retitle accounts without a court order.
- There are complex assets such as business interests, foreign property, or unusual securities.
- There are conflicts among beneficiaries or questions about whether the trustee followed the trust terms.
- Tax issues—federal estate tax, income tax consequences of transfers, or final estate tax filings—require expert handling.
Attorneys familiar with Florida probate and trust law can explain how to obtain evidence of funding and can, where necessary, petition the probate court to compel transfer or clarify rights.
Helpful Hints
- Start with the court file: the probate docket and final order are your authoritative proof the probate court closed the estate.
- Don’t accept verbal assurances. Get written, dated, and signed proof that each asset is now titled or controlled by the trustee.
- Use certified court copies for third parties that require evidence the probate case concluded.
- For real property, verify recording in the county where the property is located.
- Ask institutions to update account titles to read exactly as the trust document identifies the trustee and trust name—minor wording differences can cause problems.
- Keep a central folder (digital and physical) with all court orders, account statements, deeds, and confirmations showing trust ownership.
- If an asset didn’t get retitled before the court closed the estate, consider whether additional filings (e.g., a supplemental order or re-opening of probate) are needed.
- Remember Florida has no state estate tax, but federal tax obligations may still exist—consult a tax advisor if the estate is large.
Relevant Florida law references: Florida Probate Code (Ch. 733) and Florida Trust Code (Ch. 736) give the statutory framework for probate administration and trust duties. See Ch. 733: https://www.leg.state.fl.us/statutes/…/0733/0733.html and Ch. 736: https://www.leg.state.fl.us/statutes/…/0736/0736.html.
Disclaimer: This article is for general informational purposes only and is not legal advice. It does not create an attorney-client relationship. For advice about a specific probate or trust matter in Florida, consult a licensed attorney who practices in probate and trust law.