Checklist for Missouri personal representatives: Confirming probate is finished and a trust is funded
Clear steps, documents to collect, and next actions to close an estate and confirm trust funding.
Quick summary
If you served as a personal representative (executor or administrator) in Missouri, you can confirm that probate has ended by obtaining the court’s final order or discharge, collecting certified copies of the order, and reviewing the final account and receipts. To confirm a trust is properly funded, verify that each asset listed for transfer shows evidence of transfer to the named trustee — for example, trustee-signed receipts, retitled account statements, recorded deeds for real property, and trustee bank statements. Keep certified court orders and original transfer paperwork in the estate file.
Detailed answer — step-by-step actions under Missouri law
1. Confirm the probate administration was closed by the court
- Obtain the court’s final order or decree closing the estate. The probate court issues a document that approves the final accounting, authorizes distribution, and discharges the personal representative. Ask the probate clerk for certified copies.
- Verify the final account was filed and approved. The final account shows receipts, disbursements, creditor payments, taxes, fees, and the remaining distributions. Retain a certified copy of the court’s order approving the account.
- Look for an explicit discharge or discharge language in the final decree (this is the court’s formal release of the personal representative’s liability for the matters covered by that decree).
- If the court issued an order of distribution (showing who gets what), retain certified copies of that order. That order is often the authority used to transfer assets out of the estate.
2. Confirm each asset intended for the trust was transferred
Being satisfied that the estate paid or delivered assets to a trustee (or that assets formerly probated have been moved into trust ownership) requires documentation for each asset type:
- Bank and investment accounts: obtain statements showing the account owner changed to the trust or obtain trustee-signed receipts. If the account was closed and proceeds paid to the trustee, get the cancelled check or bank confirmation.
- Real estate: obtain a recorded deed (quitclaim or warranty deed) transferring title from the estate or personal representative to the trustee, plus the county recorder’s confirmation that the deed was recorded.
- Stocks & securities: obtain transfer confirmations or account statements showing the broker/transfer agent retitled the securities in the trust’s name or that certificates were endorsed to the trustee.
- Personal property (vehicles, collectibles): get signed receipts and titles showing transfer to the trustee, plus any title documents updated with the state motor vehicle agency.
- Debts owed to the decedent (notes, promissory notes): obtain assignment documentation transferring the note to the trust and updated payment instructions or endorsed notes.
3. Obtain formal acknowledgements from the trustee
Ask the trustee (or incoming trustee) to provide:
- a written acknowledgment/receipt for all assets the estate transferred;
- a copy of the trustee’s signed acceptance of trusteeship (if the trustee is acting under a trust instrument that requires this); and
- a certified copy of a trustee certification or summary of trust (if needed by banks) — be mindful of privacy protections in the trust instrument and applicable statutes.
4. Match distributions in the final probate accounting to trust funding items
Reconcile the probate distribution ledger: each distribution line should correspond to a trust funding transaction. For example, if the court-authorized distribution lists $100,000 in cash to the trustee, ensure bank records show that exact amount paid to the trustee and that the trustee deposited it into the trust account.
5. Preserve records and obtain certified copies
Keep certified copies of all court orders, deeds, transfer receipts, trustee acknowledgments, and final account exhibits. Those documents serve as proof if a beneficiary or third party later questions whether funding was completed.
6. Tax and reporting steps
Ensure final estate tax returns (federal and any Missouri returns required) were filed and that the estate’s tax liability was paid or provided for. Where funding affects tax basis or reporting (e.g., sale of estate assets before transfer), keep proof of filings. Consult a tax professional for specific tax reporting.
7. If you cannot obtain proof or there’s a dispute
If a trustee will not provide receipts or records, or if you believe assets were not transferred per the court order, you can:
- ask the probate court to enforce the distribution order,
- seek an accounting from the trustee in a court where the trust is administered (trust enforcement cases are often governed by the Missouri trust statute and appropriate civil procedure), or
- consult a Missouri attorney experienced in probate and trust matters to consider filing a petition to compel transfer or for other appropriate relief.
Relevant Missouri statutory resources
Missouri maintains its statutes and trust/probate chapters through the Revisor of Statutes. Useful starting points:
- Missouri Revised Statutes — Trusts (Uniform Trust Code and related trust law): https://revisor.mo.gov/main/OneChapter.aspx?chapter=456
- Missouri Revised Statutes — Probate and administration (procedures and fiduciary duties implemented in the probate courts): https://revisor.mo.gov/main/OneChapter.aspx?chapter=474
- Missouri Revisor main site (search statutes for specific section numbers referenced by the probate court or trustee): https://revisor.mo.gov
Note: specific statutory sections define fiduciary duties, required accountings, and the court’s authority to discharge a personal representative. If you need a citation to a narrow statutory rule (for example, statutory notice or timing rules), consult the Revisor site or a Missouri attorney for the exact code section applicable to your situation.
Practical checklist you can use now
- Request certified copy of the final probate order and any order of distribution from the court clerk.
- Obtain the court-approved final accounting and receipts for payments made by the estate.
- For each asset listed for the trust, get one of: recorded deed, retitled account statement, broker transfer confirmation, trustee-signed receipt, or cancelled instrument showing payment to the trustee.
- Get written trustee acknowledgments that list each asset received for the trust.
- Confirm tax filings (federal estate return Form 706, if applicable; Missouri returns) and keep proof of payment or tax clearance letters when required.
- File away all certified records and create both digital backups and a secure paper file.
Helpful Hints
- Ask for certified copies from the court — uncertified copies may be rejected by third parties.
- Get everything in writing. Oral assurances from a trustee or third party are not reliable proof of funding.
- Use narrow, itemized receipts. A single blanket receipt for “all assets” is weaker evidence than receipts that identify each asset.
- Record deeds promptly — recording is the most reliable proof that real property moved into the trust’s name.
- Keep beneficiaries informed — clear communication reduces disputes and helps catch missed funding items early.
- If a bank or title company asks for a “trust certification” instead of full trust documents, provide only the minimum information necessary (trust name, trustee name, and trustee’s authority) to protect privacy.