733.2123
Adjudication before issuance of letters.
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733.2123 Adjudication before issuance of letters.—A petitioner may serve formal notice of the petition for administration on interested persons. A person who is served with such notice before the issuance of letters or who has waived notice may not challenge the validity of the will, testacy of the decedent, venue, or jurisdiction of the court, except in the proceedings before issuance of letters.
History.—s. 60, ch. 75-220; s. 2, ch. 81-27; s. 987, ch. 97-102; s. 96, ch. 2001-226; s. 14, ch. 2010-132; s. 3, ch. 2015-27.
Notes of Decisions
Cited in 41
cases (6 in the last 5 years), 1980–2025 · leading case: Amendments to the Florida Probate Rules
Amendments to the Florida Probate Rules (2003)
“§ 733.2123, Fla. Stat. Adjudication before issuance of letters.”
In Re Estate of Hartman (2002)
“On the other hand, section 733.2123, Florida Statutes (2000), provides that challenges may be adjudicated before the issuance of letters of administration and admission of a will to probate.”
In Re Amendments to the Fl. Probate Rules (2007)
“§ 733.2123, Fla. Stat. Adjudication before issuance of letters.”
In Re Amendments to the Florida Probate Rules (1991)
“§ 733.2123, Fla. Stat. Adjudication before issuance of letters.”
Florida Bar (1988)
“F.S. 733.2123 Adjudication before issuance of letters.”
Rocca v. BOYANSKY (2012)
“ANALYSIS Section 733.2123 of the Florida Statutes (2009), reads as follows: 733.”
Cuevas v. Kelly (2004)
“NOTES [1] This proceeding is similar to a proceeding under section 733.2123, Florida Statutes (2000), which subjects the issue of the validity of the will to immediate resolution after proper notice.”
Nardi v. Nardi (1980)
“Instead, they invoked Section 733.2123, Florida Statutes (1979), which states: Adjudication before issuance of letters - A petitioner may serve formal notice of his petition for administration on interested persons.”
In re Amendments to the Florida Rules of Appellate Procedure (2011)
“that finally determine a right or obligation include, but are not limited to, orders that: (1) determine a petition or motion to revoke letters of administration or letters of guardianship; (2) determine a petition or motion to revoke probate of a will; (3) determine a petition…”
Florida Bar re Amendment to Rules (1984)
“*1093 F.S. 733.2123 Adjudication before issuance of letters.”
In Re Estate of Ballett (1983)
“[2] Section 733.2123 provides in pertinent part: A petitioner may serve formal notice of his petition for administration on interested persons.”
In Re Estate of Roberg (1981)
“Section 733.2123, Florida Statutes (1979).”
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