Estate and succession attorneys in Mexico
When a person dies, their estate does not pass to the heirs on its own: a succession must be opened, an executor (albacea) appointed, and the assets adjudicated in accordance with the law or the will. We support you throughout the entire succession proceeding.
Consult with a lawyerSuccession law governs the transfer of the estate of a deceased person (the decedent, the autor de la herencia or de cujus) to their heirs and legatees. In Mexico it is a state matter: each state has its own Civil Code and Code of Civil Procedure, although all follow the structure of the Federal Civil Code. A succession may be testate (there is a valid will) or intestate (legítima or intestamentaria — there is no will, or it is void, and the law designates heirs by order of kinship: descendants, ascendants, spouse, collaterals).
The succession proceeding has four sections: the succession section (opening, recognition of heirs, and appointment of the executor/albacea), the section of inventories and appraisals, the administration section, and the section of partition and adjudication. When all the heirs are of legal age, are in agreement, and there is no dispute, the succession can be processed before a notary public in a manner faster and cheaper than the judicial route.
The executor (albacea) represents the estate, administers the assets, prepares the inventory, pays debts and inheritance charges and, finally, delivers to each heir what corresponds to them. The public open will (testamento público abierto), executed before a notary, is the safest form and the hardest to challenge; it is advisable to review its validity, the forced share (legítima), and any defects of consent.
For persons with assets or heirs abroad, there are rules of private international law on the law applicable to real property (the law of the place where it is located governs) and on the recognition of foreign judgments, as well as the need to apostille and translate documents.
Governing laws estate and succession law
- Código Civil Federal (arts. 1281 y ss.) y Códigos Civiles de cada estado
- Código de Procedimientos Civiles de cada entidad federativa
- Ley del Notariado de cada estado
- Código Fiscal de la Federación y Ley del ISR (enajenación por herencia)
Process and timelines
It begins with the filing of the succession before the family or civil court (or before a notary if there is agreement and all heirs are of legal age). First heirs' meeting: recognition of inheritance rights and appointment of the executor. The executor accepts the office and submits the inventory and appraisals within a term that is usually 60 days. Administration follows and, after approving the partition plan, the judge adjudicates the assets. A simple succession before a notary may be resolved in 3 to 6 months; the contentious judicial route usually takes 1 to 2 years or more.
Documents usually required
- Death certificate of the decedent
- Will or report from the National Registry of Will Notices (RENAT)
- Birth and marriage certificates evidencing kinship
- Deeds and titles of the assets
- Official identifications of the heirs
- Apostilled and translated documents if there are heirs or assets abroad
How much does it cost?
Fees are often calculated as a percentage of the value of the estate or as a fixed fee for the proceeding; add notarial tariffs, appraisals, the acquisition tax (ISAI), and taxes on real property. Be wary of anyone who promises to 'inherit without paying taxes or formalities': the adjudication and recording of real property generate duties and, depending on the case, income tax (ISR).
When do you need this lawyer?
You need a succession lawyer when a relative dies leaving assets in your name pending deeding, when there are several heirs who cannot agree, when a will appears or is challenged, when you must collect insurance or accounts of the deceased, or when you are an heir from abroad and do not know how to claim your share in Mexico.
Red flags when hiring
- Someone pressures you to sign a waiver of your inheritance without explaining your rights
- A co-heir administers the assets without rendering accounts or presenting an inventory
- A very recently dated will appears when the decedent was no longer lucid
- There is an attempt to sell estate real property before the adjudication
- They promise to deed the property 'quickly and without a lawsuit' while charging in advance
Lawyers for estate and succession law
Frequently asked questions
What does a succession-law lawyer do in Mexico?
A lawyer specializing in inheritance and succession law advises and represents individuals and companies in matters governed by this area. In practical terms, it is a matter of ordinary jurisdiction, so each state has its own code and its own courts. Matters are resolved mainly before courts of first instance. The central applicable rule is the Federal Civil Code (Codigo Civil Federal, arts. 1281 et seq.) and the Civil Codes of each state.
What laws govern probate (succession) law in Mexico?
The main applicable provisions are: the Federal Civil Code (Articles 1281 et seq.) and the Civil Codes of each state; the Code of Civil Procedure of each state; the Notary Law of each state; the Federal Tax Code and the Income Tax Law (transfer by inheritance). An attorney experienced in the area interprets how these rules combine in your specific case and which judicial criteria are relevant.
Can I file an amparo (constitutional relief action) in a probate (succession) matter?
Yes. In inheritance law matters it is common to resort to the amparo action (a constitutional protection remedy), governed by the Amparo Law (Ley de Amparo), when an act of authority violates fundamental rights or unconstitutional rules are applied. The amparo has strict deadlines (generally 15 business days), so it is best to act quickly.
How much does it cost to hire a probate (succession) law lawyer?
Fees are often calculated as a percentage of the value of the estate or as a fixed fee for the proceeding; add notarial tariffs, appraisals, the acquisition tax (ISAI), and taxes on real property. Be wary of anyone who promises to 'inherit without paying taxes or formalities': the adjudication and recording of real property generate duties and, depending on the case, income tax (ISR). Modalidades habituales: igualada mensual, cobro por hora, cuota litis (porcentaje sobre el resultado) o esquemas mixtos. En Letrados.mx nuestros abogados te explican sus honorarios por adelantado.
How urgent is it to address an inheritance-law matter?
A succession (estates) law matter allows for some preparation, but it is best not to let the deadlines run. Even so, the sooner you get guidance on your succession law case, the more options you will have.
What documents do I need for a probate (succession) matter?
Suele pedirse: Death certificate of the decedent; Will or report from the National Registry of Will Notices (RENAT); Birth and marriage certificates evidencing kinship; Deeds and titles of the assets; Official identifications of the heirs; Apostilled and translated documents if there are heirs or assets abroad. No te preocupes si te falta alguno: el abogado te indicará cómo obtenerlo.
I'm a foreigner—can a probate (succession) attorney help me in Mexico?
Yes. In probate (succession) law we handle many cases involving foreigners and Mexicans living abroad. We can connect you with lawyers who speak English and other languages and who handle cross-border matters, remote procedures, and powers of attorney.
How do I choose a good succession lawyer?
Check their professional license (cédula profesional) in the National Registry of Professionals of the SEP (Ministry of Public Education), confirm that they have specific experience in succession law—being a general practitioner is not enough—and ask them to explain the strategy and fees in writing before the courts of first instance. Every succession-law lawyer at Letrados.mx has a verified professional license.
How long does a probate (succession) case take to resolve?
It begins with the filing of the succession before the family or civil court (or before a notary if there is agreement and all heirs are of legal age). First heirs' meeting: recognition of inheritance rights and appointment of the executor. The executor accepts the office and submits the inventory and appraisals within a term that is usually 60 days. Un abogado de derecho sucesorio puede darte una estimación realista tras revisar tu caso.
Is the first consultation with an inheritance and succession law lawyer free?
Yes. At Letrados.mx the initial assessment of your succession-law case is normally free. Describe your case and a lawyer specializing in succession law will review it and advise you before you decide whether to proceed.
Do you handle succession-law cases throughout Mexico?
Yes. We handle probate (succession) cases in all 32 federal states. When you indicate your state and city, we assign you an attorney who knows the local courts and rules that apply to a succession matter.
What red flags should I avoid when hiring in succession (estates) law?
Ten cuidado con: Someone pressures you to sign a waiver of your inheritance without explaining your rights; A co-heir administers the assets without rendering accounts or presenting an inventory; A very recently dated will appears when the decedent was no longer lucid; There is an attempt to sell estate real property before the adjudication; They promise to deed the property 'quickly and without a lawsuit' while charging in advance. Un abogado serio te da certidumbre por escrito y nunca garantiza resultados imposibles.
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