How to Make a Will in Mexico as an Expat
If you own property, have bank accounts, or plan to live long-term in Mexico, you need a Mexican will (testamento). A US or Canadian will alone does not cover your Mexican assets effectively. Without a Mexican will, your family may need an intestate succession: if all heirs are adults, legally capable, and in complete agreement, the notarial route is typically 6–12 months; otherwise, the judicial route is typically 12–24+ months.
The good news: drafting a Mexican will is generally straightforward, and your notary can explain the appointment and document requirements for your state.
The Testamento Público Abierto
The standard form of will for foreigners in Mexico is the Testamento Público Abierto (Public Open Will). This is executed before a notary public (notario público).
Process:
- Choose a notary public in the state where your primary property or assets are located
- Schedule an appointment — the notary's office drafts the will in Spanish based on your instructions
- Attend the appointment and review the Spanish text with the notary before signing
- The notary reads the will aloud in Spanish, you confirm understanding and sign
- The notary registers the will with the National Registry of Will Notices (RENAT)
Cost: State tariffs vary. Examples include CDMX caps of MXN 5,320 in-office and MXN 10,645 outside-office, and a Jalisco tariff of MXN 18,546.80.
Timeline: Ask the notary for the appointment and completion timeline for your state.
Mes del Testamento: September Discount
Every September, Mexico celebrates Mes del Testamento (Will Month). During this month, notary colleges may offer discounted will fees. If your estate planning is not urgent, scheduling your will for September may save money; confirm the current local discount before booking.
This is a national will-month initiative intended to encourage estate planning. Confirm the current local discount and eligibility with the Colegio de Notarios or your notary.
The Double-Will Trap
This is the single most catastrophic estate planning mistake expats make, and it is shockingly common.
The scenario: You draft a Mexican will to cover your Mexican property. Later, you return home and update your US or Canadian will. Your home-country attorney includes the standard boilerplate revocation clause: "I hereby revoke any and all prior wills and testamentary dispositions made by me."
The consequence: Under international conflict-of-law principles, that clause legally revokes your Mexican will. Your family only discovers this after your death, when the Mexican notary queries the RENAT database and finds the will invalidated. Your estate gets thrown into the expensive, lengthy intestate succession process you were trying to avoid.
The prevention: Two critical clauses must exist simultaneously:
In your Mexican will: "Este testamento rige exclusivamente bienes ubicados dentro de la República Mexicana" (This will governs exclusively assets located within the Mexican Republic)
In your US/Canadian will: "I hereby revoke all prior wills, except those disposing of assets located within the Republic of Mexico."
Both clauses are essential. Tell your home-country attorney about the Mexican will explicitly and insist on the carve-out language.
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What Your Mexican Will Should Cover
A well-drafted Mexican will for an expat typically includes:
- Real estate — including specific identification of the property (deed numbers, RPP registration numbers) and whether held directly or through a fideicomiso
- Bank accounts — Mexican bank accounts (though accounts with designated beneficiaries bypass the will)
- Vehicles — identified by invoice number (factura)
- Personal property — furniture, artwork, valuables in the Mexican residence
- Executor designation (albacea) — who administers the estate
- Substitute heirs — what happens if your primary heir predeceases you
- Fideicomiso substitute beneficiaries — note that the trust deed designation takes precedence over the will for fideicomiso property
Advance Directives and End-of-Life Planning
Beyond the will, expats should consider:
Advance medical directive (Voluntad Anticipada) — Arrange a legally binding Spanish-language advance medical directive. Ask a qualified local professional about the procedure in the state where you live.
DNR (Do Not Resuscitate) orders — Document your wishes in Spanish and discuss them with your medical providers. Do not assume that a foreign-issued DNR will control in a Mexican hospital without confirming local recognition.
Organ donation — Mexico's transplant system has its own registration process, separate from any donor designation on a US driver's license.
What a Mexican Will Cannot Do
- Override fideicomiso substitute beneficiary designations (the trust deed controls)
- Override bank account beneficiary clauses (Article 56 of the Credit Institutions Law controls)
- Distribute un-privatized ejido land to a foreign heir (the safe transfer route requires dominio pleno privatization)
- Violate forced heirship rules (mandatory portions for children and spouse apply)
- Govern assets located outside Mexico (those are covered by your home-country will)
Who Needs a Mexican Will?
- Anyone who owns real estate in Mexico (directly or through a fideicomiso)
- Anyone with Mexican bank accounts that lack designated beneficiaries
- Anyone with a vehicle registered in Mexico
- Anyone with valuable personal property in Mexico
- Long-term residents who want to avoid intestate proceedings
- Expats in unmarried partnerships (your partner may need to prove the concubinato relationship to claim inheritance or benefits)
The Mexico Expat Death Guide includes a pre-planning chapter with the exact clause language to prevent accidental revocation, a notary appointment preparation checklist, and a complete asset inventory template to ensure nothing is missed during the will drafting process.
Get Your Free Death in Mexico — Expat Emergency Checklist
Download the Death in Mexico — Expat Emergency Checklist — a printable guide with checklists, scripts, and action plans you can start using today.