Intestate proceedings for foreigners. Navigating inherited assets in Mexico
Intestate property 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 in the Mexican Republic family matters are governed by the state civil code, while in others these procedures are governed by the family code. There are several general steps involved in this process:
There are several reasons why a property may become intestate, the most common being the absence of a will designating a new owner after the death of the original owner.
Additionally, a property may become intestate even if a will exists but does not specify the new owner or fails to include the property among the deceased's final estate.
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 complete 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 submission of documents such as:
Please note that all foreign documents must first be translated into Spanish by a Public Translator and then “apostilled” or legalized in your home country.
During this initial stage of the intestate succession process, interested parties approach the appropriate judge and draw up a document requesting the allocation of specific shares or assets they wish to inherit. This could involve all of the property or a portion of it. Validating the identity of the deceased's family members, such as spouses, children, nieces, or parents, is also part of this process.
Authorities investigate to corroborate the relationship between the applicants and the deceased, ensuring that no fraudulent activities are taking place. While this step is rigorous and time-consuming, it is necessary to move forward in the intestate succession process.
An executor, known as an “executor,” is appointed to oversee the intestate estate. His or her primary responsibility is to prevent family members or claimants from using the property while legal proceedings and asset distribution are ongoing. Estate executors are typically chosen by family vote. However, if an agreement cannot be reached, the notary or judge hearing the case may appoint a suitable person.
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 property, an appraisal of the property is necessary. The cost is borne by the applicants and helps determine the total value of the property in transition to the beneficiary.
The final stage of this legal process involves the judge determining the heirs to the property, specifying the percentage of the property to which each heir is entitled, or designating a single person as the new owner.
This stage typically occurs one to two years after the intestate succession process begins. Patience is required, and applicants should be aware of the expenses associated with such legal proceedings.
It is important to note that the transfer of property may be subject to taxes and legal expenses both in the country of origin and in Mexico.
In conclusion, intestate properties 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 draft a will. A will captures your final wishes and provides clear instructions regarding the beneficiary of your assets.
In the case of intestacy where there are assets held in a trust, determining the 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's instructions. However, if the trust does not clearly define the beneficiaries or the probate laws conflict with the terms of the trust, the legal process may involve identifying potential beneficiaries through court proceedings, considering family relationships and legal inheritance, and complying with applicable state laws to ultimately distribute the trust. assets between eligible parties.
Consider these steps when navigating the intestate succession process and protect your assets in Mexico through this legal and real estate process for the heirs of a deceased property owner.
For more information, please feel free to contact our professional and experienced team at Acceza.
If you would like to learn more about the topic or would like personalized legal advice, please do not hesitate to contact us.
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