Confirming Probate Is Closed and a Trust Is Funded in Iowa

This FAQ explains how a personal representative (the person appointed by an Iowa court to administer a decedent’s estate) can confirm that the probate case is finished and that a trust has been properly funded. This is an educational guide only and not legal advice.

Detailed answer

1. How to confirm the probate proceeding has concluded

In Iowa, a probate case normally ends when the court enters a final decree or order that approves the personal representative’s final accounting (if required), authorizes distribution of the estate, and discharges the personal representative from further duties. To confirm the case has ended, do the following:

Obtain a certified copy of the court’s final order or decree of distribution. This is the primary proof that the court has closed the estate.
Check the county clerk of court’s docket for the case to verify the judge’s final entry, including any order discharging the personal representative or approving the final report. You can search the Iowa Judicial Branch website or contact the clerk where the probate was filed: https://www.iowacourts.gov/
Confirm the personal representative has filed and the court has approved the final accounting or final report, if one was required by the court. A court-approved accounting or report is often required before discharge.
Look for a court order specifically discharging the personal representative. A discharge relieves the representative of most further fiduciary responsibilities to the estate.
Retain certified copies of all filings: letters testamentary/letters of administration, the final accounting, the decree of distribution, and the discharge order. These documents prove the estate administration is complete.

For general Iowa statutory authority on the administration and closing of decedents’ estates, see Iowa Code Chapter 633 (Decedents’ Estates): https://www.legis.iowa.gov/docs/code/633.pdf

2. How to confirm a trust has been properly funded

“Funding” a trust means transferring legal title or control of the decedent’s assets from the individual’s name into the name of the trust (or otherwise making the trust the recipient of the asset). Steps to confirm proper funding include:

Get a current inventory or list of assets the trustee received, and compare it to the estate inventory. The trustee should provide a written inventory or acceptance of assets transferred to the trust.
For real estate: confirm a deed exists that conveys the property from the decedent (or the estate) to the trustee. Search the county recorder’s office to verify the deed was recorded in the trustee’s name (e.g., “Jane Doe, Trustee of the Jane Doe Revocable Trust dated X”).
For bank and brokerage accounts: obtain written confirmation from each institution showing the account title was changed to the trust or that the institution accepted the trust as owner/holder (or that the account was paid out to the trust). Many institutions issue letters or account statements that show the new trust title.
For securities: get transfer agent or brokerage confirmations that shares were re-registered or moved into the trust account (or distribution checks were issued to the trust/ trustee).
For items requiring separate action (e.g., vehicles, intellectual property, business interests): check the appropriate public record or corporate records to confirm transfer to the trust or trustee.
Check beneficiary designations and payable-on-death (POD) accounts. Some assets pass outside probate by beneficiary designation; make sure the designations reflect the decedent’s intent and that the trustee has documentation showing how those assets were handled.
Request a written acknowledgment from the trustee that the trustee accepted the trustee role and accepted any assets transferred. That acknowledgment and documentation of each transfer form the record that the trust has been funded.

For Iowa law on trustees’ duties and trust administration, see the Iowa Trust Code (statutes that govern trusts and trustees). You can review applicable provisions on the Iowa Legislature site (example trust code chapters and text): https://www.legis.iowa.gov/

3. Practical checklist a personal representative can use

Use this step-by-step checklist to confirm both closure of probate and trust funding:

Obtain certified copies of the court’s final order, decree of distribution, and any discharge of the personal representative.
Obtain the estate’s final accounting and proof the court approved it (if required).
Get a written, itemized inventory from the trustee listing all assets the trustee received.
Confirm recorded deeds at the county recorder for any real property transfers into the trust.
Request written confirmation from each financial institution showing account title changes or payments to the trust.
Obtain transfer confirmations from brokerages and transfer agents for securities.
Confirm that creditor claims have been handled and that any releases required by the court or beneficiaries are in the file.
Keep originals or certified copies of all documents in a permanent estate/ trust file.

4. Common problems that mean funding isn’t complete

Real estate still listed in the decedent’s name in the recorder’s index (no recorded deed to the trust).
Bank or brokerage accounts still titled in the decedent’s name or “estate of” rather than the trust (no retitling or distribution confirmation).
Digital assets, retirement accounts, or business interests not addressed.
Disputes among beneficiaries or creditors that stay the distribution or cause the court to retain jurisdiction.
No documented acceptance by the trustee or lack of a trustee accounting when requested.

5. When to get professional help

Contact an Iowa probate or trust attorney if you encounter any of the following:

You cannot obtain the court’s discharge or final decree, or the clerk’s records are unclear.
Institutions refuse to retitle assets to the trust without a court order.
Beneficiaries or creditors dispute distributions or claim assets still belong to the estate.
There are complicated tax, business, or out-of-state asset issues.

Helpful hints

Keep certified copies of all court orders and transfer documents in a single file. They prove the estate is closed and the trust is funded.
Check public records online: county recorder for deeds, clerk of court docket for final orders, and the Iowa Judicial Branch for case information: https://www.iowacourts.gov/
Ask each financial institution for a written statement showing the date and method of transfer to the trust.
For real property, confirm the deed’s legal description and the recorded name of the trustee match the trust documents.
Retain copies of beneficiary designation forms and POD/ TOD documents; these override a will for those assets.
If a transfer agent or broker asks for court documents rather than a trust document, get a certified copy of the probate court’s order authorizing the transfer.
Keep communication in writing when possible. Written confirmations create a clear paper trail.

Disclaimer: This information explains general principles of Iowa probate and trust administration and is not legal advice. It does not create an attorney-client relationship. For a situation-specific answer, consult a licensed Iowa attorney.