September is “Will Month” (Mes del Testamento) in Mexico, when notaries reduce their fees by up to 50% to encourage people to have wills prepared
While there’s no legal requirement to have a will in Mexico, experts overwhelmingly recommend that expats create a Mexican testament, especially if they own property.
American and Canadian wills are legally valid in Mexico. But getting them recognized is complicated and costly. The process requires translating documents into Spanish by court-approved translators, apostilling U.S. documents through the Secretary of State, and potentially going through Mexican probate courts. This procedure “can take several months and can cost several hundred dollars to complete,” according to legal experts. During this time, Mexican property cannot be sold or transferred.
Mexico’s Inheritance Laws May Shock Many Expats. Mexico lacks right of survivorship laws that automatically transfer property to surviving spouses. In Mexico, there is no such thing as right of survivorship permitting the property to automatically transfer to the surviving spouse.
Without a will, Mexican courts distribute property according to state civil codes. If a married property owner dies with children, the surviving spouse might receive only an equal share with the children, not the entire estate.
Consider this scenario: Mr. Smith owns 50% of a house with his wife. He dies without a Mexican will, leaving Mrs. Smith and four children. Mrs. Smith could inherit only one-fifth of her husband’s 50% share. She’d need permission from all four children to sell or mortgage the property.
Cost and Process Details. Creating a Mexican will costs approximately 3,500-4,000 pesos (about $175-200 USD). “Compare that to the cost of thousands of dollars to have a foreign will apostilled, translated, and notarized in Mexico,” notes Mexico Relocation Guide. The process involves working with a Notario—Mexico’s highest legal authority—who can draft documents in Spanish and English. Unlike U.S. notaries, Mexican Notarios hold advanced legal degrees and wield significant judicial power.
Property held in fideicomiso trusts typically name beneficiaries in the trust deed itself, potentially eliminating will requirements for those specific properties. However, vehicles, jewelry, bank accounts, and other assets still require will provisions.
Legal experts recommend appointing local executors familiar with Mexican laws and customs. The executor should preferably be a professional with integrity to expedite property transfers.
Tax Implications. Mexico currently has no estate tax for residents. However, non-resident heirs may face a 25% inheritance tax under certain circumstances. “Mexico has a general exemption of IT on inheritance income for Mexican tax-resident individuals, as long as the recipient of the income obtains it following a proper inheritance procedure.”
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