Overview. When a person acts as a personal representative (executor or administrator) of a West Virginia estate, two distinct issues commonly arise: (1) knowing when the probate case is officially closed, and (2) confirming that any trust intended to receive estate assets has actually been funded. Both steps protect the representative and the beneficiaries and prevent future disputes. The guidance below explains the documents to obtain, steps to take, and places to check so you can confirm closure and funding under West Virginia practice.

1. Confirming the probate case has concluded

Key evidence that a probate matter has ended:

• Court order closing the estate or final decree: A certified copy of the court’s final order (often labeled “Order Closing Estate,” “Final Decree,” or “Order Discharging Personal Representative”) is the primary document showing a case has concluded. Request a certified copy from the court clerk in the county where probate was opened.
• Letters discharged or order of discharge: Some courts issue a specific order discharging the personal representative from further duties. That order protects the representative from later claims if it shows the court accepted the final accounting and closed the estate.
• Filed final accounting and court acceptance: West Virginia probate practice typically requires the representative to file a final accounting and receive court approval. Obtain a copy of the filed final account and the judge’s acceptance or approval order.
• Case docket and clerk’s file stamp: Ask the clerk for the case docket sheet or file-stamped entries. The docket will show filings and the date the case was closed. This public record confirms formal case termination.
• Notice to interested persons: If the court required notice of the final accounting or hearing, copies of notices and any objections (or the lack thereof) should be in the file demonstrating the process was complete before closing.

2. Confirming a trust has been properly funded

Funding a trust means transferring legal title or contractual ownership of the intended assets from the estate (or decedent) into the trust or to the trust’s trustee. To confirm funding, collect documentary proof for each asset type:

• Real property: A recorded deed transferring title into the trustee’s name or into the trustee as trustee of the trust. Check the county recorder/registrar of deeds for a deed indexed to the trustee or trust name. A recorded deed is the strongest proof of transfer.
• Bank and brokerage accounts: Account statements showing the account title changed to the trustee or trust, or a new account established in the trust name with incoming transfers from the estate. Obtain written confirmation from the bank or broker (a bank letter or account change confirmation) that lists the trust as account owner.
• Stocks and bonds: Transfer records, brokerage statements, or securities transfer agent confirmations showing the ownership changed to the trustee/trust.
• Retirement accounts and life insurance: For IRAs, 401(k)s, and life insurance, review beneficiary designations and any trust beneficiary election paperwork. If the intention was to pay proceeds into the trust, obtain payout documentation and the insurer’s or plan administrator’s confirmation that proceeds were paid to the trust or to the trustee.
• Personal property and titled vehicles: Title transfers (e.g., vehicle title issued in trustee or trust name) or bills of sale/receipts showing transfer into the trust.
• Trustee acceptance and trust records: A written trustee acceptance (signed by the trustee) and copies of trust account statements in the trust’s name. Also keep a copy of the trust instrument and any amendment that defines funding instructions.

3. Combined checklist and best practices

Follow these steps in sequence to reduce risk:

1. Obtain certified copies of any court orders showing approval of final accounting and discharge of the personal representative from the probate court file.
2. Collect documentary proof of each asset transfer into the trust (recorded deeds, bank letters, account statements, transfer agent confirmations, title certificates, and insurer/plan administrator confirmations).
3. Get a written acceptance from the trustee acknowledging receipt of specific assets and agreeing to hold them under the trust’s terms.
4. Ensure debts, final bills, and taxes were paid or properly reserved for before funding occurs. Keep receipts and tax return copies, including the estate’s final federal and West Virginia returns if filed.
5. Record deeds and filings promptly. For real estate, confirm the deed recording at the county recorder’s office and keep a certified copy of the recorded instrument.
6. Keep a single organized closing folder with the court closing order, final account, proof of asset transfers, trustee acceptance, tax filings, and beneficiary releases or receipts.

4. Where to check records in West Virginia

• West Virginia Code (for statutory guidance and probate provisions): https://code.wvlegislature.gov/
• West Virginia Judiciary (court resources and contact pages): https://www.courtswv.gov/
• County clerk, circuit court, or recorder’s office where the probate case was filed: check the probate docket and recorder/grantor index for recorded deeds.

5. Practical examples (hypothetical)

Example A — Real property: The representative has a certified copy of the court’s order closing the estate. The county recorder shows a deed recorded that transfers the decedent’s house to “Jane Doe, Trustee of the Doe Family Trust.” The representative also has a trustee-signed receipt acknowledging transfer. Conclusion: the house was funded into the trust.

Example B — Bank account: The representative sees the estate bank account balance transferred to a newly opened trust account. The bank provides a letter confirming the trust account now holds the funds and that the trust is the account title. The court has already approved the final distribution. Conclusion: funds were properly moved into the trust.

6. When to seek professional help

If documents conflict, a bank refuses to change account title, a deed was not recorded, beneficiaries object, or you face tax questions, consult a West Virginia attorney experienced in probate and trust matters. An attorney can request a court clarification, file any necessary corrective documents, or represent you at a hearing.

7. Statutory and procedural references

West Virginia’s statutes and court rules govern probate procedures and fiduciary duties. For statutory text and to research specific code sections related to estate administration and trusts, use the West Virginia Code website: https://code.wvlegislature.gov/ . For procedural information and local court contacts, see the West Virginia Judiciary site: https://www.courtswv.gov/ .

Disclaimer: This information explains general West Virginia practice and is not legal advice. It does not create an attorney-client relationship. For advice about your particular situation, consult a licensed West Virginia attorney.