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⚠️ This guide was researched and updated in May 2026. Laws and regulations change frequently. For specific legal advice regarding your jurisdiction, please consult with local legal counsel.

Mexico Will & Estate Planning Guide flagMexico Will & Estate Planning Guide

Read about will creation and estate planning in Mexico. This guide covers witness rules, probate processes and jurisdiction-specific considerations that may apply. Rules vary, so consult a qualified professional for advice on your circumstances.

Estate Planning in Mexico at a Glance

Mexico follows civil law with forced heirship (legitima) varying by state. Generally, spouse and descendants are protected heirs. Most states reserve 50% for forced heirs. Public notarial wills are most common and secure. No federal inheritance tax since 2014, but some states impose local taxes. Foreign residents should consider international estate planning.

  • Forced heirship varies by state (usually 50%)
  • No federal inheritance tax since 2014
  • Some states have local taxes 0-6%
  • Public notarial will most secure
  • Holographic will must be deposited
  • Can make will from age 16
  • Foreign property not covered by Mexican will

Will Requirements in Mexico

Creating a will in Mexico typically involves national rules and any local variations. Witness requirements, signing procedures and other formalities can vary by jurisdiction, so consult a qualified professional for advice specific to your circumstances.

Witness Requirements: Public: notary + 2 witnesses. Open: 3 witnesses. Holographic: none but requires deposit
Holographic Wills:Handwritten wills may be recognised

Inheritance Tax in Mexico

Mexico does not currently impose an inheritance tax

Family Shares and Estate Administration in Mexico

Protected family shares: Legitima varies by state. Federal Civil Code: spouse and children are forced heirs. Most states reserve 50% for protected heirs. Surviving spouse gets portion plus usufruct rights. Cannot fully disinherit except for legal causes.

Related Resources

Estate Planning Information for Mexico

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