Background
Alkawanna S. Kelley and Altramese D. Kelley appealed a final order discharging their brother, William M. Kelley, II, as personal representative and closing an estate. They argued that the probate court entered the discharge order while contested matters remained pending and unresolved.
The sisters acknowledged that the probate court held a hearing addressing the matters they claimed remained unresolved. After that hearing, the court found that the estate had been fully administered and that no unresolved matters remained.
The Court’s Holding
The Third District affirmed the discharge order. The court explained that probate orders are presumed correct and that appellants bear the burden of demonstrating clear error.
The sisters did not provide a transcript of the discharge hearing. Because the order was not fundamentally erroneous on its face, the absence of that transcript prevented them from establishing reversible error and required affirmance.
Key Takeaways
- An appellant challenging findings made after a probate hearing must provide a record sufficient to demonstrate reversible error.
- Without the hearing transcript, the appellate court could not evaluate the sisters’ claim that contested matters remained unresolved.
- A probate order that is not fundamentally erroneous on its face will be affirmed when the appellant cannot overcome the presumption of correctness.
Why It Matters
The decision underscores the practical importance of supplying an adequate appellate record. Even when parties dispute whether an estate is ready to close, an appellate court generally cannot revisit hearing-based findings without a transcript showing what occurred below.