There is a full and complete legislation in the probate area in Baja Mexico. What could concern more the American and foreign community in Baja, is what to do with their real estate interests, therefore, this article is more focused on such community. The general rules in Mexico regarding successions is that there are two types of successions. The intestate succession and the testate succession, just like in the U.S. legal system.

The second one means that there are will and successors. The first one means that there are successors but there is no will, and this is the more complex case. Regarding the order of preference on how the successors will inherit, is as follows: The ones with better right to inherit are the closest to the decedent, and they exclude the rest of the relatives. In first place and in equal circumstances are: the Wife and Children; then, the parents and grandchildren, grandparents, and so on. Usually, these rules apply when there is no will.

In case that a person wants to make a will, they can will their properties to whomever they want, even disregarding the aforesaid order. There are not many regulations that explain the rules of the foreigner’s successions, and there is where the Attorneys must combine different regulations and file them to the court, in order to give accurate legal advice to foreigners, however, to avoid further complex legal problems, one of the things a foreigner in Mexico must do when purchasing land in Mexico, is do their estate planning: Will or trust. In personal property, there shouldn’t be a problem, but in real estate usually, things get more complex. For instance, one of the biggest and most important advantages of the bank trust contracts is that people can bypass probate (meaning probate by the complex court process in order for the heirs to claim their decedent’s rights over real and personal property).

In a trust contract, a beneficiary can designate a second beneficiary or beneficiary in case of death, and in doing such, the second place beneficiary, won’t have to go to court and claim his rights. Therefore, when purchasing land, a foreigner in Mexico should also take into consideration how to do the estate planning the give their successors more safety to keep such assets. Obviously, this probate and successions process is more complex than what this article shows.

Many things must be taken into consideration, such as Jurisdiction, last domicile of the decedent, was the decedent marriage and under what legal form (community property or separate property), what kind of document does decedent had in regards to the real estate, among others, but most of all, how a person will acquire real estate and should that person make a will.

Make sure to consult a real estate or civil litigation lawyer in Mexico. Ideally, such a lawyer must have experience in Real Estate law, estate planning, and in the case of business, corporate law experience.

Most of the wills and estate planning in Mexico pertains to Real Estate. Therefore, you may need to retain a good real estate lawyer for this. What a México real estate attorney or any qualified Mexican real estate lawyer should do, when accumulating vast experience in Mexican real estate law, is to ensure maximum protection to its client’s property acquisitions, probate proceedings, and deed conveyance process. In our office, we thrive to represent our clients in an ethical, professional, and efficient way. We represent clients in Tijuana Mexico, Rosarito Baja Mexico, and any City in Baja State. Make sure to contact us, so we can represent you from the initial step, all the way to your property title and your beneficiaries’ title acquisition, either testate, intestate, or by means of living a bank trust with designated beneficiaries.