Texas Estates Code 123.102 – Application to Void Marriage After Death
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(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).
Terms Used In Texas Estates Code 123.102
- Court: means and includes:
(1) a county court in the exercise of its probate jurisdiction;
(2) a court created by statute and authorized to exercise original probate jurisdiction; and
(3) a district court exercising original probate jurisdiction in a contested matter. See Texas Estates Code 22.007 - Decedent: A deceased person.
- Person: includes a natural person and a corporation. See Texas Estates Code 22.027
(c) An application authorized by Subsection (a) may not be filed after the first anniversary of the date of the decedent’s death.