Inheriting Peace of Mind: What You Need to Know About Wills and Inheritances in Mexico

Do you own property, have investments, or family in Mexico and worry about what will happen to your assets? Are you facing an inheritance process and don't know where to begin? Whether you're Mexican or a foreigner with assets in the country, understanding how wills and succession work in Mexico can make the difference between a smooth transition or a costly, exhausting legal battle.

In this article, we’ll explain—clearly and thoroughly—how the inheritance process works in Mexico, your available options, and why it’s crucial to plan ahead. We also offer a free guide with practical tools to help you through every step of the process.

👉 Click here to download our Free Guide to Inheritance in Mexico, which includes a timeline, document checklist, and tips to avoid unnecessary litigation.

Wills and inheritances in Mexico are much more that just legal processes

What happens if someone dies without a will?

When someone passes away without having drafted a will, the law kicks in through a process known as intestate succession. In these cases, Mexico’s Civil Code determines who inherits and in what proportion. This often results in:

• Longer and more bureaucratic proceedings

• Potential family disputes

• Higher legal expenses

• Outcomes that may not reflect the deceased’s actual wishes

The good news is that intestate succession can be handled by a notary public if all heirs are in agreement. However, if there’s even one dispute, the matter must be resolved in court through a formal probate process.

💡 Notarial process: faster, but more expensive💡 Court process: more affordable, but slower.

What if there is a will?

If the deceased left a will, the process changes significantly. The testator’s wishes are legally binding and must be respected. This usually reduces time, cost, and conflict. Just like intestate succession, the will-based process can be handled by a notary (if all parties agree) or in court (if there are disputes).

The advantages of having a valid will include:

• Your wishes are respected

• You choose who inherits

• You reduce family disputes

• You appoint a trusted executor

• You can make specific bequests (e.g., leaving a house to one person and stocks to another)

How old do you have to be to make a will in Mexico?

It depends on the state, but here’s a general guide:

• From age 14: in states like Puebla, Quintana Roo, Sinaloa, and Tabasco

• From age 16: in most of the country, including Mexico City, State of Mexico, and Nuevo León

• From age 18: in states like Jalisco and Michoacán

Our attorneys can help you verify the rules in your particular state.

Do I have to list all my assets?

No. You can make a will without presenting any deeds or paperwork. In fact, you don’t even have to list all your assets. You can simply name a universal heir to inherit your entire estate, or make specific bequests if you prefer to distribute certain items.

This gives you the flexibility to plan without stress.

When does the will take effect?

The will becomes legally effective upon death. While you’re alive, you’re free to sell, donate, or manage your assets however you like—even if you’ve already made a will. You can also revoke or modify your will at any time.

What does an executor (albacea) do?

The executor is the person who ensures that the terms of your will are fulfilled. Their responsibilities include:

• Administering the estate

• Paying debts and obligations

• Distributing the inheritance

• Reporting to the heirs

• Handling the legal process before a notary or court

Choosing the right executor is key to avoiding problems.

Can I leave my inheritance to anyone I want?

Yes. You can designate anyone as your heir—whether family, friend, or even an organization. However, keep in mind:

• If you have minor children, dependents with disabilities, or elderly parents who rely on you financially, the law may require you to provide for their support—even if they are not listed in your will.

• You can name universal heirs or specific beneficiaries as you see fit.

What about my minor children?

One of the most important things you can do in your will is to name a legal guardian for your minor or disabled children. This person will be responsible for their care and wellbeing if both parents are deceased. Keep in mind: guardians can’t sell or use the child’s inheritance without court approval.

Do heirs inherit debts too?

Not directly. Debts must be paid out of the estate before it’s distributed to the heirs. If the deceased’s debts exceed their assets, heirs can:

• Accept the inheritance with benefit of inventory, to limit liability

• Or renounce the inheritance entirely

Types of wills in Mexico

Most common:

• Open public will: The most secure option. Made before a notary and registered in the National Will Registry

• Closed public will: You write it, seal it, and deliver it to a notary

• Holographic will: Handwritten, dated, and signed by you. Must be deposited with the General Archive of Notaries

• Simplified will: Created when purchasing a home, within the deed

Special types:

• Military, maritime, or private wills: Only in emergency situations

• Foreign wills: Valid if made according to local law or before a Mexican consulate

• Agrarian will: For ejidatarios, handled through the National Agrarian Registry

Final thoughts: Better to plan than to litigate

Wills and inheritances in Mexico are mucho more than just legal processes. Making a will is more than a legal task—it’s an act of love and responsibility. It prevents conflict, protects your dependents, and ensures your legacy is passed on according to your wishes.

At UPLAW Abogados | Attorneys-at-Law, we have extensive experience assisting both Mexican and foreign clients with estate and inheritance matters in Mexico. Whether you need to draft a will, begin a succession process, or resolve an inheritance dispute, we’re here to guide you every step of the way.

📩 Contact us at: contacto@uplaw.com.mx📱 Call or message us on WhatsApp: +52 5655450359🌐 Visit: www.uplaw.com.mx

🔻 Download our Free Guide to Inheritance in Mexico now and take the first step to protecting your legacy.Includes templates, checklists, and expert legal tips designed to give you peace of mind.