Do You Need a Will in Both the US and Mexico?
A will (or last will and testament) lets you decide who inherits your property, who will care for children or pets, how debts get handled, and who manages your estate when you’re gone. In the US, if you die without a will (called dying intestate), state law decides for you. That usually means more time, money, and stress for your loved ones. So if you have any assets in the US, you need a US will.
But what happens when you also own property or assets in Mexico?
Should You Just Add Mexican Assets to Your US Will?
Not a good idea. US probate courts don’t usually have authority over property in Mexico, and enforcing a US will in Mexico can be messy, expensive, and slow. The simpler option is to have two wills: a US will for US assets, and a Mexican testamento for anything you own in Mexico. Non-residents are allowed to create a Mexican will, so it’s available to expats (with temporary or permanent residency) too.
Can You Use Your US Will in Mexico?
Technically yes—but in practice, it’s complicated. A US will needs to be apostilled and then recognized in Mexico, and some courts may still reject it. If a court rejects your apostilled will, rectifying this process can drag on for years while your assets sit frozen. Creating a separate Mexican will is faster, cleaner, and more reliable.
If I Have a Fideicomiso Do I Still Need a Will?
If you own property in Mexico’s restricted zones (within 50 miles of the coast or 100 miles of the border), it’s probably held in a fideicomiso, or bank trust. When you set one up, you name a primary and (ideally) a substitute beneficiary. This covers who inherits the land and home, but not everything in it. Cars, bank accounts, personal belongings, and other assets are not included. That’s where a Mexican will comes in.
When you write a Mexican will, make sure the beneficiaries listed on your fideicomiso and those on your Mexican will don’t contradict each other, or, you could end up with confusion and probate delays.
What If You Die in Mexico Without a Will?
In Mexico, assets don’t automatically go to your spouse when you die. In many regions, children inherit first, followed by grandchildren, then spouses or parents. For example, if you and your spouse jointly own a home and you die without a will, your 50% share could be split among your children, including children from previous marriages. That can create conflicts and make selling or managing the property nearly impossible. This is perhaps why so many houses in Mexico are left “abandoned;” heirs can’t agree on what to do with them.
Writing Your Mexican Will
A Mexican will should only cover Mexican assets, such as:
Real estate in Mexico
Vehicles registered in Mexico
Mexican bank accounts or insurance policies
Businesses in Mexico
Personal belongings in your Mexican home
There are two main types of wills in Mexico:
Universal Will (testamento a título universal): Everything goes to one person (or group). This is simpler but will transfer debts as well as assets upon your death.
Particular Will (testamento a título particular or legado): You assign specific assets to specific people. This is more detailed (and often more expensive), but clearer if you have multiple beneficiaries and you’d like them each to receive specific things.
You’ll also need to name an executor (albacea). Some expats choose their Mexican lawyer, since the role involves specific legal duties and requires fluency in Spanish.
Having Wills in Both Countries
If you own property in both the US and Mexico, the safest path is to have two separate wills. Just be sure they don’t cancel each other out. Your Mexican will should state that it doesn’t override your US will, and your US will should acknowledge the existence of your Mexican will. A lawyer familiar with both systems can help make sure everything lines up.
September is Will Month in Mexico
To save money on a new or reconfigured Mexican will, you can complete the process in September, el mes del testamento or ‘will month.’ Every September since 2003, notarios typically offer reduced fees of up to 50% to encourage more people to execute wills. Despite these efforts, which have been onging since 2003, as of 2023, fewer than 10% of the Mexican population had completed this task.
To learn more about end-of-life planning for expats in Mexico, get the book, How to Die in Mexico: An Expat’s Guide to End-of-Life Planning.
Have you written a Mexican will? Tell us about the experience in the comments below, or join the discussion in our private Facebook group.
