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We never really take the time to think that we will no longer walk on this earth someday.
And while to many, including myself, the thought seems as if planning your own death; planning for this future “someday” is one of the most important things you should do while you’re still alive. Especially if you plan on buying a house in Mexico, opening bank accounts, would like your medical care handled in a specific way, or for sentimental items to be given to specific people.
As an example, many expats in Mexico don’t know that if you buy property in Mexico, a will or testamento is something you’ll need. Arranging for a testamento isn’t hard at all. And having something prepared in writing can ease the burden on your family and children when you are no longer here to guide them.
Why Estate Planning in Mexico Matters
If you own anything in Mexico, you should have a plan for what happens to it.
That includes:
Your house or condo
Your bank accounts
Your car
Your furniture
Your personal items
Your pets
Your medical wishes
Your funeral or cremation wishes
Your Mexican assets
Any money or property you want to leave to someone else
A lot of foreigners assume their U.S. or Canadian will is enough. But in many cases, it’s not that simple. A foreign will may be valid in Mexico, but that doesn’t mean it will be easy to use here.
Your family may have to get it apostilled, translated into Spanish, notarized, reviewed by a Mexican court, and accepted by a judge. That takes time. It costs money. And if your family is already grieving, the last thing they need is to deal with extra paperwork in another country.
That’s why having a Mexican will, called a testamento, can make things much easier. So, to help you better prepare, I will explain what a testamento is and when you may need one.
What is a Testamento?
A testamento is the Spanish word for a written will. And it’s an act by which a person over the age of 16, called testator or author of the inheritance, freely expresses his/her will to dispose of his assets, rights, and obligations (known as patrimonio in Spanish) and designates them to specific people after his/her death.
The testator must be free, without the intervention of another person, and without influence, threats, or coercion. In other words, you should write a testamento in Mexico without being pressured by another party to do so. You, as the testator, also remain the owner of all your assets, and you have the complete freedom to sell them, give them away, or carry out any activities with them while you live.
There are two types of wills in Mexico- Especial and Ordinario. Most of you will need an ordination which means ordinary.
What Happens If You Die Without A Mexican Will?
If you die in Mexico without a will, Mexican law decides who your heirs are. That may not match what you wanted.
Your family may have to go through a court process called succession. This can take time, cost money, and create conflict between people who believe they should receive part of your estate.
Another unforeseen problem could be the expenses associated with probate. Your heirs may not have the money to take your assets to court and wait out the process. But it can all be avoided if you have a Mexican written will or testamento.
And let’s be honest, family issues can get messy after someone dies. Even good families can fight when money, property, grief, and confusion are involved.
Having a Mexican will helps avoid a lot of that. It gives your loved ones clear instructions, makes the court process easier, and in some cases, can help avoid bigger legal problems.
But I Already Have A Will In My Home Country
Some of you may already have a written will from the U.S. or your home country. But what you may not know is that that won’t help your loved ones in a Mexican court in most cases. Why?
Although a foreign will is legally valid in Mexico, it will be very inconvenient, and it can be costly to have it recognized and acknowledged in this country. Even though it is theoretically possible to take a U.S. probate court order or a U.S. will into a Mexican court for enforcement, that procedure is incredibly complicated, time-consuming, and expensive. And it can all be avoided by having a Mexican written will that the Mexican courts recognize and help you avoid probate.
Usually, a Mexican testamento costs around $3,500- $4,000 MXN (~$175-$200 USD) to be written in Spanish and English by a Notario. (Notary in Mexico)
Compare that to the cost of thousands of dollars to have a foreign will apostilled, translated, and notarized in Mexico. Plus court fees, lawyers fees, and added time so that a Mexican court can accept it as a valid document. Not to mention that a Mexican will also save you a trip or two back and forth between your home country to gather any official documents you may need to validate a foreign will in Mexico.
Who Can Help Me Make A Mexican Will?
A Notary (Notario) in Mexico is the highest level in a court. They are regarded as the highest level of education in Mexico’s legal system and hold more power than any attorney.
A Notario Público can help you draft your legal document, translate it into Spanish and English, and file it in the Mexican court system. In Mexico, a Notario Público, is not the same as a notary public in the U.S. or Canada.
The process is fairly simple. The notario will have you fill out a form, pay your fee for the will, and have you appoint an “Albacea” or an administrator to your will in Mexico.
If you’d like to work with one of our recommended Notarios in Mexico, visit our COMPLETE Mexico Relocation Guide– We give you access to a variety of professional contacts across Mexico. We also give you a more in-depth plan to help you with your estate planning in Mexico.
What Documents Do You Need For A Mexican Will?
The exact requirements can vary by state and by Notario, but you may be asked for your passport, Mexican residency card or proof you are legally in Mexico, birth date and place of birth, parents’ full names, CURP, RFC, Mexican address, information about your heirs, information about your executor, information about any previous wills, and details about your assets.
If you are in the middle of an immigration process, ask the Notario what they require. In some cases, if you are legally in process, you may still be considered legally in Mexico.
But the best thing you can do is handle this when your immigration status is clean and current. Don’t wait until you are sick, stressed, or running out of time.
Also, every September, Mexico has Mes del Testamento, or Will Month. During this month, many Notarios offer discounts for preparing wills.
Years ago, the discounts were often bigger. These days, prices vary a lot depending on the state, the Notario, and whether you need a bilingual will in English and Spanish. But September is still a good time to ask.
A Mexican will may cost a few thousand pesos, depending on where you are and how complicated your situation is. Compared to the cost of a court case, translations, apostilles, attorneys, and delays, this is usually money well spent.
Does A Mexican Will Expire?
A Mexican will does not expire. But that doesn’t mean you should make one and forget about it forever.
Life changes. Maybe your spouse passes away. Maybe one of your children passes away. Maybe you get divorced. Maybe you no longer speak to the person you named. Maybe the charity you listed no longer exists. Maybe you bought a new property. Maybe you sold everything and moved to another state in Mexico.
Your will should still match your life. A good rule of thumb is to review your will every few years or anytime something major changes.
And when you make your will, don’t just name one person. Name backups. For example, if your spouse cannot serve, then your daughter can. If your daughter cannot serve, then your son can. If your son cannot serve, then your trusted friend can.
The more clearly you plan, the less confusion your family has later.
What About My Bank Accounts?
A will is important. But the best estate planning in Mexico may include setting things up so your loved ones don’t need to use the will for every single thing.
For example, some assets can have beneficiary clauses. That means the asset can pass directly to the beneficiary without going through a full probate process.
This may apply to bank accounts, certain investment accounts, some real estate deeds in certain Mexican states, fideicomisos for restricted-zone property, and some financial products- like your bank accounts in Mexico.
You can designate any natural or legal person as a beneficiary, but if that person is a minor, there must be an elder in charge of managing the minor’s assets until he/she is at least 18.
Beneficiaries will be designated by the account holder in the contract they sign with the bank when opening an account. However, the owner may at any time modify the percentages established for each beneficiary, as well as appoint new ones or remove those that he had established as such, which is called the revocation of beneficiaries.
But what happens if you don’t have any beneficiaries or a testamento?
In this case, a lawsuit called legitimate succession must be initiated, in which a judge will dictate a sentence indicating to the bank who are the legitimate heirs of the account holder so that it delivers the remaining amounts that are still deposited in the account, according to what corresponds to each one by legitimate succession.
On the other hand, when a person is a user of credit via a credit card or mortgage loan and dies, the life insurance associated with that financial product (credit card or mortgage loan) settles the amount of the debt.
You may be able to name more than one beneficiary and assign percentages to each person. For example, you may leave 50% to your spouse, 25% to one child, and 25% to another child. Or you may decide to leave the bank account to one person and the house to another person to keep things simple.
Verify that the credit card you use or the credit agreement you have signed has associated life insurance. In the event of the death of the borrower, notify the corresponding bank of the fact, presenting the original of the death certificate and the contract or credit card number in question.
The important thing is to make sure the bank has the correct beneficiary information on file. And while you’re doing this, name backups if the bank allows it. People pass away, people become sick, people become unreachable. Life happens.
Plan for that. Go to the bank and ask.
You Also Need A Medical Plan
Estate planning is not just about who gets your house. It’s also about what happens if you are alive but cannot make decisions.
What if you have a stroke? What if you are in a car accident? What if you are unconscious? What if you are terminally ill? What if you do not want to be put on a ventilator? What if you do not want a feeding tube? What if your family disagrees about what to do?
You need to make your wishes clear.
In Mexico, you can prepare an advance medical directive. Some people may call this a DNR or medical directive, depending on the situation.
This document can say what kind of care you do or do not want if you are very sick or near the end of life. For example, you may say you do not want a ventilator, feeding tube, artificial hydration, antibiotics in certain end-of-life situations, or extra measures that only extend the dying process.
This is very personal. Nobody can decide this for you. But you should decide before there is a crisis.
And just as important, the document should be in Spanish also. If you bring an English-only form from the U.S. or Canada, a Mexican hospital may not accept it without translation, notarization, or other legal steps.
That is not what you want during an emergency.
Build Your Circle Of Trust In Mexico
One of the most practical things you can do is build a local circle of trust. That means a few key people in Mexico should know who you are, what your wishes are, and who to call in an emergency.
Your circle of trust may include your doctor, attorney, Notario, funeral home, local emergency contact, your trusted neighbor, a family member back home, trusted friend in Mexico, or property manager if you have one.
These people should not be strangers to each other– at the very least, one of them should know about the other.
Your doctor should know who your emergency contact is. Your emergency contact should know which health insurance policy you have, or what hospital is in your network. Your friends or family should know where your documents are.
Because if you are in an accident, unconscious, or pass away suddenly, people need to know what to do. And if you are a U.S. citizen, you should also register with the U.S. State Department’s STEP program. If you’re a Canadian citizen then sign up for the Registration of Canadians Abroad. That way, the consulate has updated emergency contact information for you.
Do not assume the consulate has your current information just because you renewed a passport years ago.
What Happens If You Die At Home In Mexico?
This is something people rarely talk about, but they should.
If you die at home in Mexico and it appears to be a natural death, your local doctor may be the person who comes to certify the death. This is one reason you should have a regular doctor in Mexico who knows your health history.
If your doctor knows you had cancer, heart disease, serious illness, or another medical condition, they may be able to certify that it was a natural death. Then the funeral home can help with the next steps and the civil registry can issue the official death certificate.
But if there are signs of foul play, violence, an accident, or anything suspicious, then authorities may need to investigate. And yes, that is appropriate.
But if it is clearly a natural death, having a local doctor and funeral home already chosen can make the process much easier for your loved ones.
You should also prepare a simple document with your full legal name, date of birth, place of birth, parents’ full names, passport number, residency card information, CURP, RFC number if applicable, Mexican address, doctor’s name and phone number, attorney’s name and phone number, funeral home preference, and emergency contacts in Mexico and abroad.
Foreign names are often misspelled in Mexico, and that can create problems on death certificates and legal documents. So make it easy for everyone.
Give a copy to your trusted contact, doctor, attorney, and funeral home if appropriate. It may feel like a small thing, but it can prevent a lot of headaches later!
Cremation Or Burial In Mexico
You should decide whether you want to be cremated or buried, and you should tell people. Do not leave your loved ones guessing.
In many cases, cremation is simpler and less expensive than transporting a body back to the U.S. or Canada. Transporting a body internationally can be very expensive and requires more paperwork. Transporting ashes is usually much easier.
But this is also personal. Some people have religious or family reasons for wanting burial. Some religions do not allow cremation. Some families have strong traditions.
If you want to be buried in Mexico, understand that cemetery rules can be different than what you may be used to in the U.S. or Canada. In some places, cemetery fees may need to be paid over time. It may not always be a one-time payment forever.
Again, do not assume. Ask questions before you need the answers.
Plan For Incapacity, Not Just Death
This may be even more important than your will. What happens if you are alive but cannot manage your own life?
Who pays your rent? Who pays your electric bill? Who pays your caregiver? Who feeds your pets? Who talks to your doctor? Who can access money for your care?
Many people put a trusted family member on a bank account or make other legal plans so bills can still be paid if they become incapacitated. This needs to be done carefully. You don’t want to give access to the wrong person. But you also don’t want your bills unpaid because nobody can access funds.
This is one of those areas where you really should speak with a qualified attorney.
Because the goal is simple: you want the right person to be able to help you if you cannot help yourself.
And if you have pets in Mexico, include them in your plan too. Who takes them if something happens to you? Does someone have keys to your home? Does your vet know who to call? Does your emergency contact know you have pets?
This is especially important if you live alone. Your pets depend on you, so make sure someone knows they are there.
Please Don’t Wait Until There Is A Crisis
I know this is not the most exciting part of moving to Mexico.
It’s much more fun to think about beach towns, lower cost of living, tacos, walkable neighborhoods, better weather, and a slower pace of life.
But moving to Mexico the right way means planning for real life too. And real life includes illness, accidents, aging, and death.
That doesn’t mean you should be scared. It means you should be prepared. The goal is not to make this morbid. The goal is to make life easier for the people you love.
Because if something happens to you in Mexico, your family may not know where to begin. They may not speak Spanish. They may not know your doctor. They may not know your attorney. They may not know if you wanted cremation or burial. They may not know where your bank accounts are. They may not know who has keys to your home.
Make the plan. Write it down. Tell the right people. And then go enjoy your life in Mexico with more peace of mind.
Get Help From The Right People
Estate planning in Mexico is not something I recommend doing from random Facebook advice. Please don’t do that.
Laws can vary by state. Notarios have different requirements. Banks have their own forms and processes. Real estate ownership can be different depending on whether you own through a deed or fideicomiso. And your situation may be very different from someone else’s.
This is exactly why we created the Complete Mexico Relocation Guide.
Inside the guide, we give you access to our directory of vetted contacts across Mexico, including attorneys, Notarios, immigration facilitators, real estate professionals, healthcare contacts, assisted living facilities, and other people who can help you avoid costly mistakes.
We’ve helped hundreds of thousands of people learn how to move to Mexico the right way, with fewer surprises and a lot more confidence. And estate planning is one of those things you want to do right the first time.
So if you’re serious about moving to Mexico, buying property, retiring here, or spending most of your life here, don’t skip this step. Make the plan now, so your loved ones aren’t left trying to figure it all out later.
