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Current as of January 01, 2024 | Updated by Findlaw Staff
(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.
Cite this article: FindLaw.com - Texas Estates Code - EST § 123.102. Application to Void Marriage After Death - last updated January 01, 2024 | https://codes.findlaw.com/tx/estates-code/est-sect-123-102/
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