Finch v. Finch

This is an appeal from a dismissal by the circuit court of an appeal to that court from a probate court decree on a final settlement of an estate. Appellant Warren L. Finch filed his appeal with the clerk of the circuit court within the required time, but did not pay the filing fee until after the time limit had expired.

Code 1975, § 43-2-354, governs the notice and hearing in the probate court on disputed claims against estates. This section also grants an appeal to circuit court from a probate court decree but does not specify the procedure for the appeal. The appeal must be taken within 30…