Tex. Estates Code § 123.102: APPLICATION TO VOID MARRIAGE AFTER DEATH.
Where this section sits in the code
- ESTATES CODE
- TITLE 2. ESTATES OF DECEDENTS; DURABLE POWERS OF ATTORNEY
- SUBTITLE C. PASSAGE OF TITLE AND DISTRIBUTION OF DECEDENTS' PROPERTY IN GENERAL
- CHAPTER 123. DISSOLUTION OF MARRIAGE
- SUBCHAPTER C. CERTAIN MARRIAGES VOIDABLE AFTER DEATH
(a) Subject to Subsection (c), if a proceeding described by Section 123.101(a) is not pending on the date of a decedent's death, an interested person may file an application with the court requesting that the court void the marriage of the decedent if:
(1) on the date of the decedent's death, the decedent was married; and
(2) that marriage commenced not earlier than three years before the date of the decedent's death.
(b) The notice applicable to a proceeding for a declaratory judgment under Chapter 37, Civil Practice and Remedies Code, applies to a proceeding under Subsection (a).
(c) An application authorized by Subsection (a) may not be filed after the first anniversary of the date of the decedent's death.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
Collected 2026-08-27T01:47:08Z. Source file · JSON