Texas § ES.123.103 - ACTION ON APPLICATION TO VOID MARRIAGE AFTER DEATH
Full text of Texas The Texas Constitution § ES.123.103 — ACTION ON APPLICATION TO VOID MARRIAGE AFTER DEATH, with citation guidance and answers to common questions.
§ ES.123.103. ACTION ON APPLICATION TO VOID MARRIAGE AFTER DEATH
ACTION ON APPLICATION TO VOID MARRIAGE AFTER DEATH. (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. Added by Acts 2009, 81st Leg., R.S., Ch. 680 , Sec. 1, eff. January 1, 2014.
Source: official Texas text · Last verified 2026-08-27
Frequently Asked Questions About Texas § ES.123.103
What does The Texas Constitution § ES.123.103 cover?
Section ES.123.103 ("ACTION ON APPLICATION TO VOID MARRIAGE AFTER DEATH") is part of the The Texas Constitution, the codified statutory law of Texas. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Texas § ES.123.103?
A common citation format is "The Texas Constitution § ES.123.103" (Texas). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Texas law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Texas official source linked on this page or consult a licensed Texas attorney.
How does Texas § ES.123.103 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Texas can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Texas.