Tex. Est. Code § 123.103 · Subchapter C. CERTAIN MARRIAGES VOIDABLE AFTER DEATH
ACTION ON APPLICATION TO VOID MARRIAGE AFTER DEATH.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) Except as provided by Subsection (b), in a proceeding brought under Section 123.102, the court shall declare the decedent's marriage void if the court finds that, on the date the marriage occurred, the decedent did not have the mental capacity to:
(1) consent to the marriage; and
(2) understand the nature of the marriage ceremony, if a ceremony occurred.
(b) A court that makes a finding described by Subsection (a) may not declare the decedent's marriage void if the court finds that, after the date the marriage occurred, the decedent:
(1) gained the mental capacity to recognize the marriage relationship; and
(2) did recognize the marriage relationship.
Notes and commentary — not statutory text
History
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/ES/htm/ES.123.htm
- Text hash
- sha256 ebe5407eae739d9b5f39cdb805242e791a05c4ca1167cdbb4f3ef28a3bea6906
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
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Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.