Sec. 123.102. APPLICATION TO VOID MARRIAGE 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.
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