ACTION ON APPLICATION TO VOID MARRIAGE AFTER DEATH.
Tex. ESTATES Code § 123.103.
in effect(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.