How a personal representative confirms probate is finished and a trust is funded in Wisconsin

Short answer: Obtain the court’s final documents showing the estate has been closed, collect certified copies of the personal representative’s letters and the discharge or final decree, verify asset transfers into the trust by reviewing recorded deeds and account title changes, and get written confirmation from banks, brokers, and the trustee that each asset was retitled or transferred into the trust.

Detailed answer — step‑by‑step under Wisconsin law

As a starting point, remember this is general information and not legal advice. If you need a binding determination about your situation, talk with a Wisconsin attorney who handles probate and trust funding.

1. Confirm the probate case is closed with the court

• Ask the clerk of the circuit court in the county where the probate was opened for the case file and docket. The docket will show whether the court entered a final order, decree of distribution, or an order discharging the personal representative.
• Obtain certified copies of key court documents: the Order Allowing Final Account and Authorizing Distribution or equivalent, and the Order Discharging Personal Representative (sometimes called final decree or judgment). Certified copies are issued by the clerk and are what third parties accept as proof the estate administration ended.
• Confirm that the court approved the final account or accepted the final report. In many cases the court’s signature on a final accounting or decree is the legal signal the probate administration is over.
• If you cannot find a discharge order, the estate may not be formally closed. Some estates are resolved informally; in Wisconsin most material steps that end administration are documented on the court record. For general guidance on Wisconsin probate procedures see the Wisconsin Courts’ self‑help probate pages: https://www.wicourts.gov/services/public/selfhelp/estate/index.htm.

2. Verify creditor procedures and the claims period

• Many estates require publication or direct notice to creditors and a waiting period before final distribution. Confirm the court record shows notice to creditors was given and the court accepted the account after the claims period expired.
• If outstanding creditor claims remain unresolved, the court may not permit final distribution. Ask the clerk to point you to the entries about creditor notice and allowance.

3. Collect proof that each asset moved from the probate estate into the trust

“Funding” a trust means changing legal title or beneficiary designation so the trust (or its trustee) owns the asset. Different assets require different proof:

• Real estate: look for a recorded deed (e.g., warranty deed or quitclaim deed) transferring the property from the estate or personal representative to the trustee or trust. Check the county register of deeds where the property sits. A recorded deed is the primary proof of transfer.
• Bank and brokerage accounts: collect written confirmation from each financial institution showing the account was retitled to the trustee or trust or that funds were paid to the trust. Financial institutions commonly require a certified copy of the trust instrument and certified letters of authority before retitling.
• Securities (stocks, bonds): obtain transfer records from the broker or transfer agent showing the shares were re‑registered in the name of the trustee/trust.
• Titles (vehicle, boat): check the Wisconsin Department of Transportation or the title‑issuing agency for a transfer into the trust. Ask the DMV how they handle trust titling and get confirmation files or an updated title.
• Life insurance and retirement accounts: confirm beneficiary designations were changed to the trust (if intended) or that the proceeds were paid to the trust. Get statements or confirmation letters from the insurer or plan administrator.
• Personal property (jewelry, collectibles): if the property moved via written assignment, bill of sale, or was listed in a final distribution, gather a signed and dated receipt or assignment document.

4. Use certified copies, receipts, and trustee acknowledgments

• Certified court documents and recorded deeds are the strongest evidence the probate closed and real property changed hands.
• For financial institutions, get written, signed acknowledgment (email or letter on official letterhead) confirming the trust now owns or holds the account.
• Ask the trustee to provide a signed funding schedule or acknowledgement listing each asset, the method of transfer, and the effective date of transfer.

5. What to do if an asset wasn’t transferred into the trust

• If an asset should have gone to the trust but still sits in the estate or in the decedent’s name, you can often correct this by:
• executing and recording a corrective deed for real property;
• working with the bank, broker, or title agency to retitle the account; or
• filing a small estate affidavit or completing ancillary proceedings if the asset qualifies for simplified procedures.
• If an asset requires court action to transfer (for example, because it is part of the probate estate and the court did not authorize distribution to the trust), you or the trustee can petition the court for instructions, clarification, or an order to distribute that particular asset to the trustee.

6. Use the right contacts and records

• County clerk of circuit court — request the certified court file and docket entries for the probate case.
• County register of deeds — search recorded deeds for transfers into the trust.
• Banks, brokers, insurers, retirement plan administrators — request written confirmation of transfers and copies of any retitling documents.
• Trustee — request the trust document, a certification of trust (if one exists), and a signed schedule of funded assets.

7. Key Wisconsin legal sources to consult

• Wisconsin trust law (Wisconsin Trust Code): see Chapter 701 of the Wisconsin Statutes for rules about trustees, trust administration, and trustee duties: https://docs.legis.wisconsin.gov/statutes/statutes/701.
• Practical probate guidance and forms from the Wisconsin court system: https://www.wicourts.gov/services/public/selfhelp/estate/index.htm.

Helpful hints — practical checklist for a personal representative

• Obtain a certified death certificate (most institutions will ask for this).
• Get certified copies of the personal representative’s letters (letters testamentary or letters of administration).
• Get certified copies of the court’s final order or decree and the discharge order if one was issued.
• Collect recorded deeds or county land records showing transfer of real property into the trust.
• Ask banks and brokers for written confirmation that accounts were retitled; keep the confirmations in the estate file.
• Request a signed funding schedule from the trustee listing each funded asset and the method and date of transfer.
• Maintain a final accounting showing receipts, disbursements, and distributions; the court-approved accounting is proof you fulfilled your duties.
• If anything remains unsettled, consider filing a simple motion with the probate court for instructions or to obtain an order directing transfer to the trust.
• When in doubt about complex transfers (business ownership, partnership interests, or closely held shares), consult a Wisconsin attorney experienced in probate and trust administration.

When to talk to an attorney

Seek a lawyer if you encounter any of these:

• the probate record lacks a clear final order or discharge;
• creditor claims remain unresolved;
• an asset cannot be retitled without a court order; or
• disputes arise among beneficiaries or between the personal representative and the trustee.

Final note / disclaimer: This article explains general Wisconsin procedures. It is not legal advice, does not create an attorney‑client relationship, and does not substitute for advice about your particular situation. For specific legal guidance contact a licensed Wisconsin attorney who handles probate and trust matters.