Can a 17-year-old married woman be the personal representative of her dead husbands estate?
Emancipated minors are persons over age sixteen who have entered into a valid marriage, or are on active duty with any U.S. armed forces, or have received a declaration of emancipation from a court. So technically, the 17-year-old woman is ’emancipated’ under New Mexico’s law. The law considers emancipated minors to be over the age of majority for particular purposes, such as buying or selling property, enrolling in college, or making health care decisions. Creating a will, serving as personal representative, and registering to vote are not included on the list of rights that New Mexico grants to emancipated minors. I believe that, in New Mexico, an emancipated minor cannot make a will or serve as personal representative of an estate until he or she reaches the age of eighteen. The legislature could amend the law to allow otherwise. The news is not all bad, however. The probate court has jurisdiction to appoint the personal representative who has the highest priority to serve. If the h
