CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 2004 WL 591257
...nd credit to the March 9, 2001, Mississippi judgment. We hold therefore that the trial court erred in granting Kelly's motion for summary judgment. Reversed. KELLY and VILLANTI, JJ., Concur. 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....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 2002 WL 31875009
...Section
733.201(1), Florida Statutes (2000), provides that "[s]elf-proved wills executed in accordance with [the probate] code may be admitted to probate without further proof." A will may be contested under this provision after it has been admitted to probate. 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....
...No person who is served with formal notice for administration prior to the issuance of letters or who has waived notice may challenge the validity of the will, testacy of the decedent, [or] qualifications of the personal representative ... except in connection with the proceedings before issuance of the letters. § 733.2123 (emphasis supplied)....
...t a will prior to its admission to probate. If a caveat pursuant to rule 5.260 and section
731.110 has been filed, section 733.203, Florida Statutes (2000) (Notice; when required), provides that the petitioner shall follow the procedure set forth in section
733.2123. Thus it appears that if caveats are filed, the permissive language of section
733.2123 becomes mandatory and requires that the petitioner serve formal notice of his or her petition upon caveators. The implication of the notice mandate for section
733.2123 entitled "Adjudication before issuance of letters" is that will contests and the rights of caveators must be determined prior to letters of administration being issued....
...In this case Appellants argue that because they filed caveats and objections, the probate court was obliged to make a determination on their challenge to the will prior to appointing a personal representative and admitting the will to probate. Based on our reading of sections 733.2123 and 733.203 and rule 5.260, we agree....
...However, the probate court issued letters of administration and admitted the wills to probate without providing formal notice and without making a determination on the challenge to the will. Id. at 1020. The orders were reversed on appeal by the Fifth District, which held that section 733.2123 and rule 5.260 must be read together....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal
...On January 4, 1980, a petition for administration was filed in the Dade County Circuit Court by the executors named in the will. The petitioners elected not to proceed pursuant to Section
733.201, Florida Statutes (1979) under which the self-proving will would have been immediately admitted to probate. 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....
...arred by the failure to respond within 20 days after receipt of the notice. The lower court held that the admittedly premature issuance of the letters was immaterial. We cannot agree with that conclusion. In our view, the optional provisions of Sec. 733.2123, which preclude challenges to the validity of a will "except in connection with the proceedings before issuance of letters," may be applied only when there is strict adherence to the preconditional safeguards (which are themselves quite limi...
...ice. [1] See, In re Estate of Dalton,
206 So.2d 264 (Fla. 3d DCA 1968), cert. denied,
211 So.2d 211, 213 (Fla. 1968). A nonadherence to these requirements amounts to an abandonment of the benefit of a shortened period for objection conferred by Sec.
733.2123....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 1983 Fla. App. LEXIS 19029
...Baron contends on appeal that the stipulation was not intended as a waiver of any right to attack the will but was entered into by the parties to allow the will to be filed and the administration proceed without necessarily affecting anyone's rights. It is Baron's position that the time constraints of Sections
733.212 and
733.2123, Florida Statutes (1979), are not applicable to preclude his attack upon the will because Anna R., as personal representative, did not invoke those provisions to shorten the time within which an interested person could file a petition to revoke probate. Revocation of probate is controlled by Section
733.109(1), which provides: (1) Any interested person, including a beneficiary under a prior will, except those barred under s.
733.212 or s.
733.2123, may, before final discharge of the personal representative, petition the court in which the will was admitted to probate for revocation of probate....
...However, if an interested person has been served with formal Notice of Administration pursuant to Section
733.212 [1] , Florida Statutes, he must file his objection to the *1199 will within three months of the first publication of Notice of Administration. If, pursuant to
733.2123 [2] the petitioner serves formal notice of Petition for Administration on an interested person prior to issuance of letters, that person may not thereafter challenge the validity of the will except in proceedings prior to issuance of the letters....
...If interested persons are to be limited by special time constraints, the personal representative must strictly comply with the statute authorizing such limitations. Nardi v. Nardi,
390 So.2d 438 (Fla. 3rd DCA 1980). In this case the strict requirements of Sections
733.212 and
733.2123 were not complied with. Baron was not served with the Notice of Administration as required by Section
733.212(1)(b), nor was he served with formal notice of the petition for administration as required by
733.2123....
...tive shall promptly publish a notice of administration and serve a copy of the notice on the surviving spouse and all beneficiaries known to the personal representative by mail in the manner provided for service of formal notice, unless served under s. 733.2123....
...* * * * * * (3) Objections under paragraph (1)(b), by persons to whom notice was mailed, that are not filed within 3 months following the date of first publication of the notice are forever barred. Claims under paragraph (1)(a) are barred as provided in s.
733.702. [2] Section
733.2123 provides in pertinent part: A petitioner may serve formal notice of his petition for administration on interested persons....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 2012 WL 280752, 2012 Fla. App. LEXIS 1339
...es and Counter Petition amounted to a default on the allegations of the Amended Petition, the trial court stated in its written order that "no objection ha[d] been made to [the will's] probate." The trial court erred in entering this order. ANALYSIS Section 733.2123 of the Florida Statutes (2009), reads as follows: 733.2123 Adjudication before issuance of letters A petitioner may serve formal notice of the petition for administration on interested persons....
...court shall not admit a will of the decedent to probate or appoint a personal representative without service of formal notice on the caveator or the caveator's designated agent." Thus, it appears that if a caveat is filed, the permissive language of section
733.2123 becomes mandatory and requires the petitioner to serve formal notice of his or her petition upon caveators, as provided under section
731.110(3)....
...iven notice, thereby affording opportunity to have will contest tried before probate). In this case, the trial court failed to adjudicate the validity of the November 16, 2007, will before admitting it to probate, contrary to sections
731.110(3) and
733.2123 of the Florida Statutes....
CopyCited 5 times | Published | Supreme Court of Florida | 16 Fla. L. Weekly Supp. 557, 1991 Fla. LEXIS 1335, 1991 WL 169366
...In rem proceeding. §
731.201(16) and (20), Fla. Stat. General definitions. §
731.301, Fla. Stat. Notice; method and time; proof. § 733.203, Fla. Stat. Notice; when required. §
733.212, Fla. Stat. Notice of administration; filing of objections and claims. §
733.2123, Fla....
...Statutory References § 731.111, Fla. Stat. Notice to creditors. §
732.5165, Fla. Stat. Effect of fraud, duress, mistake, and undue influence. §
733.109, Fla. Stat. Revocation of probate. §
733.212, Fla. Stat. Notice of administration; filing of objections and claims. §
733.2123, Fla....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 1981 Fla. App. LEXIS 18962
...n original administrations as possible." In an original administration, a will contest must be resolved prior to admission of the will to probate if the personal representative petitioner has served the interested person with a copy of the petition. Section 733.2123, Florida Statutes (1979)....
CopyCited 2 times | Published | Supreme Court of Florida | 36 Fla. L. Weekly Supp. 541, 2011 Fla. LEXIS 2287, 2011 WL 4467595
...§
732.5165, Fla. Stat. Effect of fraud, duress, mistake, and undue influence. §
733.101, Fla. Stat. Venue of probate proceedings. §
733.109, Fla. Stat. Revocation of probate. §
733.212, Fla. Stat. Notice of administration; filing of objections. §
733.2123, Fla....
CopyCited 1 times | Published | Supreme Court of Florida | 2011 Fla. LEXIS 3036, 2011 WL 7758579
...evoke letters of administration or letters of guardianship; (2) determine a petition or motion to revoke probate of a will; (3) determine a petition for probate of a lost or destroyed will; (4) grant or deny a petition for administration pursuant to section 733.2123, Florida Statutes; (5) grant heirship, succession, entitlement, or determine the persons to whom distribution should be made; (6) remove or refuse to remove a fiduciary; (7) refuse to appoint a personal representative or guardian; (8...
CopyCited 1 times | Published | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 413, 2007 Fla. LEXIS 1193, 2007 WL 1932256
...§
731.105, Fla. Stat. In rem proceeding. §
731.201(16), (20), Fla. Stat. General definitions. §
731.301, Fla. Stat. Notice. §
731.302, Fla. Stat. Waiver and consent by interested person. §
733.212, Fla. Stat. Notice of administration; filing of objections. §
733.2123, Fla....
...Process and service of process. ch. 61, Fla. Stat. Dissolution of marriage; support; custody. ch. 63, Fla. Stat. Adoption. §
731.201, Fla. Stat. General definitions. §
731.301, Fla. Stat. Notice. §
733.212, Fla. Stat. Notice of administration; filing of objections. §
733.2123, Fla....
CopyCited 1 times | Published | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 505, 2007 Fla. LEXIS 1234, 2007 WL 2002458
...49, Fla. Stat. Constructive service of process. §
731.105, Fla. Stat. In rem proceeding. §
731.201(16),(20)(18),(22), Fla. Stat. General definitions. §
731.301, Fla. Stat. Notice. §
733.212, Fla. Stat. Notice of administration; filing of objections. §
733.2123, Fla....
...Rule References [No Change] RULE 5.240. NOTICE OF ADMINISTRATION (a) Service. The personal representative shall promptly serve a copy of the notice of administration on the following persons who are known to the personal representative and who were not previously served under section
733.2123, Florida Statutes: (1) the decedent's surviving spouse; (2) all beneficiaries; (3) a trustee of any trust described in section
733.707(3), Florida Statutes and each qualified beneficiary of the trust as defined in section 737.303(4)(...
...§
732.5165, Fla. Stat. Effect of fraud, duress, mistake, and undue influence. §
733.101, Fla. Stat. Venue of probate proceedings. §
733.109, Fla. Stat. Revocation of probate. §
733.212, Fla. Stat. Notice of administration; filing of objections. §
733.2123, Fla....
...Statutory References §
731.201(21)(23), Fla. Stat. General definitions. §
732.5165, Fla. Stat. Effect of fraud, duress, mistake, and undue influence. §
733.109, Fla. Stat. Revocation of probate. §
733.212, Fla. Stat. Notice of administration; filing of objections. §
733.2123, Fla....
CopyCited 1 times | Published | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 719, 2010 Fla. LEXIS 2082, 2010 WL 4977543
...Safe Deposit Box). The proposals are in response to statutory changes made by chapter 2010-132, Laws of Florida, which went into effect October 1, 2010. See ch. 2010-132, §§ 2, 3, 6, 14, 19, Laws of Fla. (amending §§
655.935,
731.110,
732.2125,
733.2123 Fla....
...must be attached to the notice. Committee Notes [No Change] Rule History 1988 Revision — 2003 Revision: [No Change] 2010 Revision: Subdivision (c) added to require service of a copy of the will offered for probate. This requirement was included in section 733.2123, Florida Statutes, but was removed in 2010 because it was deemed to be a procedural requirement....
CopyPublished | Supreme Court of Florida
representative and who were not previously served under section
733.2123, Florida Statutes: (1)-(4)
CopyPublished | Florida 2nd District Court of Appeal | 1996 WL 496292
...*158 Section
733.109(1), Florida Statutes (1993), authorizes any interested person to petition for revocation of probate at any time before the discharge of the personal representative as long as the interested person is not barred by either section
733.212 or
733.2123. The personal representative did not file his petition for administration under section
733.2123, and that statute is not applicable to this case....
CopyPublished | Supreme Court of Florida | 30 Fla. L. Weekly Supp. 666, 2005 Fla. LEXIS 1917, 2005 WL 2385258
...ch. 49, Fla. Stat. Constructive service of process. §
731.105, Fla. Stat. In rem proceeding. §
731.201(16), (20), Fla. Stat. General definitions. §
731.301, Fla. Stat. Notice. §
733.212, Fla. Stat. Notice of administration; filing of objections. §
733.2123, Fla....
...2005 Revision: Changes in subdivisions (b) and (f) to clarify service requirements, and editorial changes in (e). Statutory References §
731.201, Fla. Stat. General definitions. §
731.301, Fla. Stat. Notice. §
733.212, Fla. Stat. Notice of administration; filing of objections. *1184 §
733.2123, Fla....
...Rule 5.240. Notice of Administration (a) Service. The personal representative shall promptly serve a copy of the notice of administration on the following persons who are known to the personal representative and who were not previously served under section
733.2123, Florida Statutes: (1) the decedent’s surviving spouse; (2) all beneficiaries; (3) a trustee of any trust described in section
733.707(3), Florida Statutes and each beneficiary of the trust as defined in section 737.303(4)(b), if e...
...§
732.5165, Fla. Stat. Effect of fraud, duress, mistake, and undue influence. §
733.101, Fla. Stat. Venue of probate proceedings. §
733.109, Fla. Stat. Revocation of probate. §
733.212, Fla. Stat. Notice of administration; filing of objections. §
733.2123, Fla....
...Statutory References §
731.201(21), Fla. Stat. General definitions. §
732.5165, Fla. Stat. Effect of fraud, duress, mistake, and undue influence. §
733.109, Fla. Stat. Revocation of probate. §
733.212, Fla. Stat. Notice of administration; filing of objections. §
733.2123, Fla....
CopyPublished | Supreme Court of Florida | 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1463, 1988 WL 143178
...Statutory References F.S.
731.105 In rem proceeding. F.S.
731.201(16) and (20) General definitions. F.S.
731.301 Notice; method and time; proof. F.S. 733.203 Notice; when required. F.S.
733.212 Notice of administration; filing of objections and claims. F.S.
733.2123 Adjudication before issuance of letters....
...Citation form changes in committee notes. Statutory References F.S. 731.111 Notice of creditors F.S.
732.5165 Effect of fraud, duress, mistake, and undue influence. F.S.
733.109 Revocation of probate. F.S.
733.212 Notice of administration; filing of objections and claims. F.S.
733.2123 Adjudication before issuance of letters....
...1988 Revision: Language of paragraph (b) of the rule rewritten to track the statute more closely. Committee notes expanded. Citation form change in committee notes. Statutory References F.S.
733.109 Revocation of probate. F.S.
733.212 Notice of administration; filing of objections and claims. F.S.
733.2123 Adjudication before issuance of letters....
CopyPublished | Supreme Court of Florida | 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1475, 1988 WL 53983
...Statutory References F.S.
731.105 In rem proceeding. F.S.
731.201(16) and (20) General definitions. F.S.
731.301 Notice; method and time; proof. F.S. 733.203 Notice; when required. F.S.
733.212 Notice of administration; filing of objections and claims. F.S.
733.2123 Adjudication before issuance of letters....
...Citation form changes in committee notes. Statutory References F.S. 731.111 Notice to creditors. F.S.
732.5165 Effect of fraud, duress, mistake, and undue influence. F.S.
733.109 Revocation of probate. F.S.
733.212 Notice of administration; filing of objections and claims. F.S.
733.2123 Adjudication before issuance of letters....
...1988 Revision: Language of paragraph (b) of the rule rewritten to track the statute more closely. Committee notes expanded. Citation form change in committee notes. Statutory References F.S.
733.109. Revocation of probate. F.S.
733.212 Notice of administration; filing of objections and claims. F.S.
733.2123 Adjudication before issuance of letters....
CopyPublished | Supreme Court of Florida | 25 Fla. L. Weekly Supp. 730, 2000 Fla. LEXIS 1905, 2000 WL 1424512
...In rem proceeding. §
731.201(16), (20), Fla. Stat. General definitions. §
731.301, Fla. Stat. Notice; method and time; proof. § 733.203, Fla. Stat. Notice; when required. §
733.212, Fla. Stat. Notice of administration; filing of objections and claims. §
733.2123, Fla....
...Statutory References §
731.201, Fla. Stat. General definitions. §
731.301, Fla. Stat. Notice; method and time; proof. § 733.203, Fla. Stat. Notice; when required. §
733.212, Fla. Stat. Notice of administration; filing of objections and claims. §
733.2123, Fla....
CopyPublished | Supreme Court of Florida | 38 Fla. L. Weekly Supp. 675, 2013 WL 5355104, 2013 Fla. LEXIS 2064
...§
732.5165, Fla. Stat. Effect of fraud, duress, mistake, and undue influence. *35 §
733.101, Fla. Stat. Venue of probate proceedings. bate. o & I© 2 o s o CO 3 F OO S’ CO CO §
733.212, Fla. Stat. Notice of administration; filing of objections. §
733.2123, Fla....
CopyPublished | Supreme Court of Florida | 17 Fla. L. Weekly Supp. 636, 1992 Fla. LEXIS 1622, 1992 WL 249483
...In rem proceeding. §
731.201(16^ and (20), Fla.Stat. General definitions. §
731.301, Fla.Stat. Notice; method and time; proof. § 733.203, Fla.Stat. Notice; when required. §
733.212, Fla.Stat. Notice of administration; filing of objections and claims. §
733.2123, Fla.Stat....
...Statutory References
731.201, Fla.Stat. General definitions. ⅛&§
731.301, Fla.Stat. Notice-,; Mmeth-od and time; proof. § 733.203, Fla.Stat. Notice; when required. §
733.212, Fla.Stat. Notice of administration; filing of objections and claims. §
733.2123, Fla.Stat....
...Citation form changes in committee notes. Statutory References §
731.301, Fla.Stat. Notice; method and time; proof. R§4 733.203(2), Fla.Stat. Notice; when required. §
733.212, Fla.Stat. Notice of administration; filing of objections and claims. §
733.2123 Fla.Stat....
...§
731.302, Fla.Stat. Waiver and consent by interested person. §
732.5165, Fla.Stat. Effect of fraud, duress, mistake, and undue influence. §
733.109, Fla.Stat. Revocation of probate. §
733.212, Fla.Stat. Notice of administration; filing of objections and claims. §
733.2123, Fla.Stat....
...§
731.201(21), Fla.Stat. General definitions. §
732.5165, Fla.Stat. Effect of fraud, duress, mistáke, and undue influence.
733.109, Fla.Stat. Revocation of probate. ⅜⅜⅛
733.212, Fla.Stat. Notice of administration; filing of objections and claims. ⅜⅞⅛
733.2123, Fla.Stat....
CopyPublished | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 482, 2010 Fla. LEXIS 1455, 2010 WL 3431722
...Dissolution of marriage; support; custodytime-sharing. ch. 63, Fla. Stat. Adoption. §
393.12, Fla. Stat. Capacity; appointment of guardian advocate. §
731.201, Fla. Stat. General definitions. §
731.301, Fla. Stat. Notice. §
733.212, Fla. Stat. Notice of administration; filing of objections. §
733.2123, Fla....
CopyPublished | Supreme Court of Florida
...Orders that finally determine a right or
obligation include, but are not limited to, orders that:
(1)-(3) [No changes]
- 21 -
(4) grant or deny a petition for administration pursuant
tounder section
733.2123, Florida Statutes;
(5)-(24) [No changes]
(25) approve a settlement agreement on any of the
matters listed above in (b)(1)–(b)(24) or authorizing a compromise
pursuant tounder section
733.708, Florida Statutes.
(c) Record; Alternative Appendix....
CopyPublished | Supreme Court of Florida | 9 Fla. L. Weekly 401, 1984 Fla. LEXIS 3390
...al representative. Committee notes revised. Statutory References F.S.
732.5165 Effect of fraud, duress, mistake, and undue influence. F.S.
733.109 Revocation of probate. F.S.
733.212 Notice of administration; filing of objections and claims. *1093 F.S.
733.2123 Adjudication before issuance of letters....
...After the filing of a caveat by an interested person other than a creditor, the court shall not admit a will of the decedent to probate or appoint a personal representative without service of formal notice on the caveator or his designated agent according to Fla»- R.P. C.P. 5.040 and compliance with FPC 733.2123....
...property disposed of thereby. Committee Notes Rule History 1984 Revision: Extensive changes. Committee notes revised. Statutory References F.S.
733.109 Revocation of probate. F.S.
733.212 Notice of administration; filing of objections and claims. F.S.
733.2123 Adjudication before issuance of letters....
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 2288, 1985 Fla. App. LEXIS 16131
...Section
733.212 does not bar appellant because the record on appeal does not show that he was served with a copy of the notice of administration (as distinguished from the notice of the petition for administration) as required by section
733.212(1), Florida Statutes. Section
733.2123 provides that no person served with a formal notice of a petition for administration may challenge the validity of the will “except in connection with the proceedings before issuance of letters.” Although section
733.2123 does not provide a time period within which a person served with notice of the petition for administration must act to oppose the probate and administration before the bar of that statute becomes effective, Florida Rule of Probate an...
...The twenty day answer period provided by these rules and statutes regulates procedure only and is not a statute of limitation or a period of non-claim. Feather v. Estate of Sanko,
390 So.2d 746 (Fla. 5th DCA 1980); Nardi v. Nardi,
390 So.2d 438 (Fla. 3d DCA 1980). As explained in Nardi , the optional provisions of section
733.2123, which preclude challenges to the validity of a will “except in connection with the proceedings before issuance of letters” apply only after strict adherence to all pre-conditional safeguards, particularly those in section 731.30...
...twenty days has elapsed after service of the petition for administration. Here, as in Nardi , the will was admitted to probate and letters issued before the elapse of twenty days after service of the petition for administration on appellant. Hence, section 733.2123 does not operate to bar appellant’s attack on the validity of the will....
...of the will because it does not constitute a knowing and intentional relinquishment of his right to contest the validity of the will. See In Re Estate of Ballett,
426 So.2d 1196 (Fla. 4th DCA 1983). As long as not barred by either section
733.212 or
733.2123, any interested person is permitted by section
733.109(1) to petition for revocation of probate at any time before discharge of the personal representative....
CopyPublished | Supreme Court of Florida
...or motion to revoke probate of a will;
(3) determine a petition for probate of a lost or destroyed will;
- 25 -
(4) grant or deny a petition for administration pursuant to section
733.2123, Florida Statutes;
(5) grant heirship, succession, entitlement, or determine the persons
to whom distribution should be made;
(6) remove or refuse to remove a fiduciary;
(7) refuse to appo...
CopyPublished | Supreme Court of Florida | 2011 WL 5218961
...evoke letters of administration or letters of guardianship; (2) determine a petition or motion to revoke probate of a will; (3) determine a petition for probate of a lost or destroyed will; (4) grant or deny a petition for administration pursuant to section 733.2123, Florida Statutes; (5) grant heirship, succession, entitlement, or determine the persons to whom distribution should be made; (6) remove or refuse to remove a fiduciary; (7) refuse to appoint a personal representative or guardian; (8...
CopyPublished | District Court of Appeal of Florida | 1994 Fla. App. LEXIS 11120, 1994 WL 637308
PER CURIAM. We reverse the order appealed to the extent that it holds that the responses of appellants Barbara Alford and Kathryn Miller Wynn were legally insufficient to satisfy the requirements of section 733.2123, Florida Statutes (1989)....
CopyPublished | Supreme Court of Florida
...Effect of fraud, duress, mistake, and undue influence.
§
733.101, Fla. Stat. Venue of probate proceedings.
§
733.109, Fla. Stat. Revocation of probate.
§
733.212, Fla. Stat. Notice of administration; filing of objections.
§
733.2123, Fla....
CopyPublished | Supreme Court of Florida | 27 Fla. L. Weekly Supp. 423, 2002 Fla. LEXIS 873, 2002 WL 825699
...After-issuance of-lette-rs^tThe personal representative shall publish a notice of administration- and promptly serve a copy of the notice of administration in-the manner provided for formal- notice in these rules on the following persons who are known to the personal representative and who were not previously served under section
733.2123, Florida Statutes: (1) the decedent’s surviving spouse; (2) all beneficiaries whe-have not been barred by law; and (3) thea trustee of any trust described in section
733.707(3), Florida Statutes^-; and (4) persons who may be entitl...
...Waiver and consent by interested person. *858 §
732.5165, Fla. Stat. Effect of fraud, duress, mistake, and undue influence. §
733.109, Fla. Stat. Revocation of probate. §
733.212, Fla. Stat. Notice of administration; filing of objections and claims. §
733.2123, Fla....
CopyPublished | District Court of Appeal of Florida | 14 Fla. L. Weekly 1566, 1989 Fla. App. LEXIS 3653, 1989 WL 68936
...t to seek the relief requested. The trial court granted said motion and dismissed the petition and this appeal ensued. Sokol contends that the family administration pursuant to Chapter 735 of the Florida Statutes was not subject to the provisions of section 733.2123 (which provides that no person who has waived notice may challenge the validity of the will or testacy of the decedent except in connection with the proceedings before issuance of letters) because the latter only applies to the full administration of estates rather than the summary scheme envisioned in Chapter 735. Moses, on the other hand, contends that section 733.2123 is applicable and, since Sokol expressly waived notice, he cannot raise the invalidity of the will presented for probate in said proceedings....
CopyPublished | Supreme Court of Florida | 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500
...In rem proceeding. §
731.201(16), (20), Fla. Stat. General definitions. §
731.301, Fla. Stat. Notice; — method and time; proof. § 733.203, Flar-Stat. Notice; when-required-T §
733.212, Fla. Stat. Notice of administration; filing of objections and claims. §
733.2123, Fla....
...Statutory References §
731.201, Fla. Stat. General definitions. §
731.301, Fla. Stat. Notice; — method and time; proof. § 733.203, Fla. Stat. Notice; when-re-quiredT §
733.212, Fla. Stat. Notice of administration; filing of objections and claims. §
733.2123, Fla....
...2000 Revision: Committee notes revised. Statutory References §
731.301, Fla. Stat. Notice; — method and time; proof. § 733.203(2), Fla. Stat. Notice; when required. §
733.212, Fla. Stat. Notice of administration; filing of objections and — e-kims. §
733.2123, Fla....
...NOTICE OF ADMINISTRATION (a) Publication and Service. The personal representative shall promptly serve a copy of the notice of administration on the following persons who are known to the personal representative and who were not previously served under section
733.2123, Florida Statutes: (1) the decedent’s surviving spouse; (2) all beneficiaries; (3) a trustee of any trust described in section
733.707(3), Florida Statutes; and (4)persons who may be entitled to exempt property in the manner provided for service of formal notice....
...§
732.5165, Fla. Stat. Effect of fraud, duress, mistake, and undue influence. §
733.101, Fla. Stat. Venue of probate proceedings. §
733.109, Fla. Stat. Revocation of probate. §
733.212, Fla. Stat. Notice of administration; filing of objections. §
733.2123, Fla....
...§
731.201(21), Fla. Stat. General definitions. §
732.5165, Fla. Stat. Effect of fraud, duress, mistake, and undue influence. §
733.109, Fla. Stat. Revocation of probate. §
733.212, Fla. Stat. Notice of administration; filing of objections — and claims. §
733.2123, Fla....
CopyPublished | Supreme Court of Florida | 33 Fla. L. Weekly Supp. 542, 2008 Fla. LEXIS 1242, 2008 WL 2686339
...§
731.105, Fla. Stat. In rem proceeding. §
731.201(18), (22), Fla. Stat. General definitions. §
731.301, Fla. Stat. Notice. §
731.302, Fla. Stat. Waiver and consent by interested person. §
733.212, Fla. Stat. Notice of administration; filing of objections. §
733.2123, Fla....
...Dissolution of marriage; support; custody. ch. 63, Fla. Stat. Adoption. §
393.12, Fla. Stat. Capacity; appointment of guardian advocate. §
731.201, Fla. Stat. General definitions. §
731.301, Fla. Stat. Notice. §
733.212, Fla. Stat. Notice of administration; filing of objections. §
733.2123, Fla....
CopyPublished | Supreme Court of Florida
...RULE 5.240. NOTICE OF ADMINISTRATION
(a) Service. The personal representative must promptly
serve the notice of administration on the following persons who are
known to the personal representative and who were not previously
served under section
733.2123, Florida Statutes:
(1)-(2) [No Change]
(3) a trustee of any trust described in section
733.707(3),
Florida Statutes, and each qualified beneficiary of the trust as
defined in section
736.0103(16), Florida St...
CopyPublished | Supreme Court of Florida
...or motion to revoke probate of a will;
(3) determine a petition for probate of a lost or destroyed will;
- 25 -
(4) grant or deny a petition for administration pursuant to section
733.2123, Florida Statutes;
(5) grant heirship, succession, entitlement, or determine the persons
to whom distribution should be made;
(6) remove or refuse to remove a fiduciary;
(7) refuse to appo...
CopyPublished | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 79, 2007 Fla. LEXIS 132, 2007 WL 268753
...ch. 49, Fla. Stat. Constructive service of process. §
731.105, Fla. Stat. In rem proceeding. §
731.201(16), (20), Fla. Stat. General definitions. §
731.301, Fla. Stat. Notice. §
733.212, Fla. Stat. Notice of administration; filing of objections. §
733.2123, Fla....
...2005 Revision: Changes in subdivisions (b) and (f) to clarify service requirements, and editorial changes in (e). 2006 Revision: Committee notes revised. Statutory References §
731.201, Fla. Stat. General definitions. §
731.301, Fla. Stat. Notice. §
733.212, Fla. Stat. Notice of administration; filing of objections. §
733.2123, Fla....
CopyPublished | Supreme Court of Florida
...Effect of fraud, duress, mistake, and undue influence.
§
733.101, Fla. Stat. Venue of probate proceedings.
§
733.109, Fla. Stat. Revocation of probate.
§
733.212, Fla. Stat. Notice of administration; filing of objections.
§
733.2123, Fla....
CopyPublished | Supreme Court of Florida | 40 Fla. L. Weekly Supp. 703, 2015 Fla. LEXIS 2810, 2015 WL 9264021
...NOTICE OF ADMINISTRATION
(a) Service. The personal representative shall promptly serve a copy of
the notice of administration on the following persons who are known to the
personal representative and who were not previously served under section
733.2123, Florida Statutes:
(1) – (2) [No Change]
(3) a trustee of any trust described in section
733.707(3), Florida
Statutes, and each qualified beneficiary of the trust as defined in section
736.0103(16),...
CopyPublished | Florida 3rd District Court of Appeal
...Aside Order Denying Motion to Introduce Last Will. Upon our review, we find
the trial court committed no error, and correctly determined that Anderson
failed to timely object or respond to the petition for administration until after
issuance of the Letters of Administration. See § 733.2123, Fla....
CopyPublished | Supreme Court of Florida
petition for administration pursuant tounder section
733.2123, Florida Statutes; (5)-(24)
CopyPublished | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 13250, 2011 WL 3678004
...Estate of McCloskey,
943 So.2d 1007 (Fla. 1st DCA 2006). While the trial court did not hold a hearing on the objections or counter-petition, the appellants contend that the issuance of letters necessarily terminated their right to challenge the appointment and denied their petition. §
733.2123, Fla. Stat. (2010). However, the appellants' reliance on section
733.2123, Florida Statutes, is misplaced....
