How can a personal representative confirm that a probate proceeding has concluded and a trust has been properly funded? (TN)

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

How a Tennessee personal representative can confirm a probate case is finished and a trust is funded

Short answer

If you served as personal representative (executor or administrator) in Tennessee, confirm the probate is finished by obtaining the court’s final order or discharge and a certified copy of the final account or decree. To confirm a trust is properly funded, verify that each asset intended for the trust has been retitled or transferred into the trust’s name (recorded deeds, changed account registrations, transferred securities, bank transfers), and collect written confirmation from the trustee (or obtain a Certification of Trust). Check public records and the probate docket for recorded transfers and court closings. If anything is unclear, ask the probate court clerk or consult a Tennessee estate/trust attorney.

Detailed answer — step by step

1. Confirm the probate proceeding is officially closed

  1. Get the final probate order or decree. The probate judge will sign an order approving the final accounting and discharging the personal representative once the estate administration ends. Ask the probate court clerk for a certified copy of that order.
  2. Obtain the letters and discharge. If the court issued Letters Testamentary or Letters of Administration at the start of the case, request the court’s later order that approves your final report and formally discharges you. That order is proof the court has ended your duties.
  3. Review the final accounting. The court typically approves a final accounting that lists receipts, expenses, gifts, distributions, and remaining assets. The approved accounting will show how the decedent’s probate assets were distributed.
  4. Check the probate docket and filings. Many Tennessee counties provide online access to probate dockets or will file records. The docket will show entries such as “Final Account approved” or “Final Decree.” If online access is limited, ask the county probate clerk for a status and copies of the relevant filings.
  5. Know what “closed” means. A closed probate usually means the court has approved the personal representative’s accounts, authorized distributions, and formally discharged the representative from further duties. Keep the certified order and accounting in your records.

2. Confirm trust funding — what “funded” actually means

A trust is “funded” when assets the settlor intended to pass into the trust are legally transferred into the trust’s name or otherwise made subject to the trust’s terms. For each asset type, look for proof of transfer:

  • Real property: recorded deed showing the trustee as the grantee. Search county property records to confirm recording.
  • Bank and brokerage accounts: account statements that show the account title changed to the trustee or trust name, or transfers from an estate account into a trust account.
  • Securities: re-registered certificates or brokerage records showing trust ownership or an electronic transfer to a trust account.
  • Life insurance and retirement accounts: beneficiary designations updated to the trust (if that was the plan). If accounts remain payable-on-death to named beneficiaries, they may bypass the trust.
  • Personal property: bills of sale, assignment documents, or receipts evidencing transfer to the trustee or trust.

3. Use a Certification of Trust and trustee confirmations

A Certification of Trust (or trustee’s affidavit) can confirm the trustee’s authority and show that the trust exists and is in effect without revealing confidential trust terms. Tennessee law and court practice allow trustees to provide such certifications to banks, title companies, and other third parties. Ask the trustee for:

  • a signed Certification of Trust or trustee affidavit;
  • written confirmation that each listed asset has been transferred into the trust; and
  • copies of transaction records (recorded deed, account statement, transfer confirmation).

4. Cross-check public records and third‑party confirmations

Even if the trustee provides written confirmations, you should independently verify transfers that affect public records or third parties:

  • Search county register/recorder records for recorded deeds.
  • Request account statements from banks/brokers showing the trust-named account or trustee as owner.
  • Confirm that titles (vehicles, real estate) have been reissued or recorded in the trust name, when applicable.

5. Special items to watch

  • If the estate distributed assets to a trustee to fund a trust after probate, the final accounting should show that distribution and documentation should exist (copy of deed, transfer, or assignment).
  • If beneficiary designations (retirement plans, life insurance) were intended to fund the trust, confirm beneficiaries were updated or that funds moved to the trust as intended.
  • Be wary of transfers that look only “informal.” A ledger entry or an unsigned instruction typically won’t suffice; you need legal title change or a recorded instrument where required.

6. When you may still have duties or exposure

If the court did not approve the final accounting or did not discharge you, you may still have duties and potential personal liability. Keep documentation that you followed court orders and that you provided accurate accountings. If a creditor or heir later questions distributions, the court’s final order and approved accounting will help protect you.

Where Tennessee law fits in

Tennessee statutes govern probate procedure and trust matters. For general reference see Tennessee’s Code titles for probate and trusts:

For court procedures and county-specific contact information, use the Tennessee courts portal: https://www.tncourts.gov or the state court pages: https://www.tn.gov/courts.html.

Practical checklist for a personal representative in Tennessee

  1. Obtain a certified copy of the court’s final order/discharge and the approved final accounting from the probate court.
  2. Gather documentation showing each asset that was supposed to fund the trust actually transferred (recorded deeds, account statements, transfer receipts).
  3. Request a written Certification of Trust and confirmation of funding from the trustee.
  4. Search county property records and request account statements from financial institutions to independently verify transfers.
  5. Keep duplicate copies of all filings, certified orders, and transfer documents in your estate file.
  6. If the probate record lacks clarity or there’s a dispute, consult a Tennessee estate/trust attorney promptly.

Helpful Hints

  • Always get certified court orders — a plain photocopy may not be accepted by third parties.
  • Record deeds promptly. A recorded deed provides public, searchable proof of real estate transfer into a trust.
  • Use formal account title changes for banks/brokers rather than informal beneficiary instructions when funding a trust.
  • Keep a simple master checklist with each asset and the exact document that proves transfer; mark items as “verified” when you hold the record.
  • If a trustee refuses to provide a Certification of Trust or transfer records, preserve communications in writing and get legal advice — you may need to involve the court.
  • When in doubt about your discharge or liability, seek counsel. A short consultation can help you close your duties properly and limit exposure.

Disclaimer: This article is informational only and does not constitute legal advice. I am not a lawyer. Rules and procedures vary by county and facts. For advice about your situation, consult a licensed Tennessee attorney.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.