Choff

Appellant, the 19-year-old married daughter of the deceased, filed her petition for letters of administration of her mother’s estate. The husband of the deceased failed to apply for letters and did not contest the proposed appointment of appellant (Prob. Code, § 427). The trial court found that while appellant was, by education, training and otherwise, qualified to act as administratrix, she was disqualified because she had not reached the age of majority.

The question before us is whether or not a person lawfully married, over the age of 18 years and under the age of 21 years, is disqualified to act as administrator of an estate because such person is under 21 years of age.

Probate Code section 401 provides, “No person is competent to serve as an executor or executrix who is under the age of *388 majority, .... Marriage does not disqualify a woman from serving as executrix.”

Probate Code section 420 sets forth the same qualifications for administrators and administratrices.

Civil Code section 25 defines a minor as follows: “. . . all persons under 21 years of age; . . . provided further, that any person who has reached the age of 18 years and thereafter contracts a lawful…