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Intestacy procedures for foreigners. Navigating inherited assets in Mexico

Intestate ownership refers to real estate that lacks a legal owner, requiring a probate process to establish rightful ownership before claims or sales can be made. This procedure is intended to identify the new owner of the property and grant them the authority to manage the property as they see fit.

In several states of the Mexican Republic, family matters are governed by the state civil code, while in others these procedures are governed by the family code. Several general steps could be involved in this process:

There are several reasons why property may become intestate, the most common being the absence of a will designating a new owner upon the death of the original owner.

Additionally, a property can remain intestate even if a will exists but does not specify the new owner or fails to include the property among the deceased's final assets.

As such, those wishing to claim, sell or purchase such property must first initiate an intestate succession proceeding, which can take up to two years to conclude and is part of the intestate succession process.

As mentioned above, an intestate succession process is a necessary process to assign ownership of the property in question to an interested person. It consists of a series of stages that require the presentation of documents such as:

• Death certificate: A crucial document that verifies the death of the individual.
• Intestate: in the absence of a will, intestate succession applies and the inheritance laws of Mexico will determine the distribution of assets among the heirs.
• Birth and Marriage Certificates: They may be necessary to establish the relationship between the heirs and the deceased.
• Identification Documents: Official ID or passports of both the deceased and the heirs.
• Asset Inventory: A complete list of the deceased's assets in Mexico, which could include property, bank accounts, investments, vehicles, etc.
• Payment of Taxes: Inheritance in Mexico may involve taxes. Depending on the value and type of inherited assets, tax returns and payments may be necessary.
• Legal Representation: Foreign heirs may need a legal representative in Mexico to manage the inheritance process on their behalf.
• Inventory and Appraisal of Property: The property must be inventoried and appraised to determine its value at the time of succession.

Please note that all foreign documents must first be translated into Spanish by a Public Translator and then “apostilled” or legalized in your country of origin.

The stages involved are the following:

Submission of an intestate inheritance report:

During this initial stage of the intestate succession process, the interested parties approach the corresponding judge and draw up a document requesting the assignment of specific shares or assets that they wish to inherit. This could involve all or part of the property. Validating the identity of the deceased's relatives, such as spouses, children, nieces or parents, is also part of this process.

Investigation and Declaration of Heirs:

The authorities are investigating to corroborate the relationship between the applicants and the deceased, ensuring that fraudulent activities are not occurring. While this step is rigorous and time-consuming, it is necessary to advance the intestate succession process.

Designation of Executor:

An executor, known as an “executor,” is appointed to oversee the intestate property. His primary responsibility is to prevent family members or claimants from using the property while legal proceedings and asset distribution are ongoing. Typically, estate executors are chosen by family vote. However, if an agreement cannot be reached, the notary or the judge hearing the case may appoint a suitable person.

Property Inventory and Real Estate Appraisal:

An important aspect of the intestate succession procedure involves creating an inventory of real and personal property owned by the deceased and appraising it to determine its true value. For intestate ownership, an appraisal of the property is necessary. The cost is borne by the applicants and helps determine the total value of the property transitioned to the beneficiary.

Asset Distribution:

The final stage of this legal process is for the judge to determine the heirs of the property, specify the percentage of the property to which each heir is entitled, or designate a single person as the new owner. This stage usually occurs one or two years after the intestate succession process begins. Patience is required and applicants should take into account the costs associated with such legal proceedings.

Tax and expense considerations:

It is important to note that the transfer of ownership may be subject to taxes and legal fees both in the country of origin and in Mexico.

In conclusion, intestate estates can pose legal challenges and consume considerable time for the family of a deceased person. Therefore, one of the most valuable real estate recommendations is to encourage owners to write a will. A will captures your final wishes and provides clear instructions about the beneficiary of your assets.

In the case of intestacy where there are assets held in a trust, the determination of beneficiaries depends on the specific terms and conditions of the trust agreement. Generally, if the trust document designates specific people or entities as beneficiaries, they would be entitled to receive the assets according to the trust instructions. However, if the trust does not clearly define beneficiaries or probate laws conflict with the terms of the trust, the legal process may involve identifying potential beneficiaries through court proceedings, consideration of family relationships and legal inheritance, and compliance with applicable state laws to ultimately distribute the trust. assets between eligible parties.

Consider these steps as you navigate the intestate succession process and protect your assets in Mexico through this legal and real estate process for the heirs of a deceased owner.

For more information, please do not hesitate to contact our professional and experienced team at Acceza.

If you want to know more about the topic or want personalized legal advice, do not hesitate to contact us.

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