You need a Mexican will for your Mexican assets, a fideicomiso with named beneficiaries for restricted-zone property, and a cross-border attorney who understands both U.S. and Mexican inheritance law.
Do You Need a Mexican Will?
If you own anything in Mexico, yes. Your U.S. will is technically valid here, but using it is slow and expensive. A foreign will must be apostilled in the U.S., translated by a court-certified perito traductor, and then processed through a Mexican notario. That adds six to twelve months and thousands of dollars in legal fees to what should be a straightforward transfer.
A Mexican will (testamento publico abierto) covers your Mexican assets only. It does not replace your U.S. will. You need both. The Mexican will handles property, vehicles, and bank accounts in Mexico. Your U.S. will handles everything else.
Cost: 3,500 to 4,000 pesos ($195 to $220 USD) at a notario. Every September, Mexico runs “Mes del Testamento” (Will Month). Notarios across the country cut their fees by up to 50 percent. A Mexican will in September can cost under 2,000 pesos.
How Do You Create a Mexican Will?
You work with a notario publico in the state where you live. In Tijuana, notarios are concentrated along Blvd. Agua Caliente and in Zona Rio. In La Paz and Los Cabos, your real estate attorney can recommend one or you can search the Colegio de Notarios directory for your state.
The notario drafts the will in Spanish. Many notarios in Baja also prepare an English-language version for your records, though the Spanish document is the legal one. You sign the will in the notario’s office with two witnesses present. The notario reads the will aloud, you confirm it reflects your wishes, and everyone signs.
Bring your passport, your CURP (if you have one), your residency card, and the deeds or fideicomiso documents for any property you own. The notario registers the will with the state’s Archivo de Notarias. When the time comes, this registration is how your heirs’ attorney locates the will.
What Happens to Your Fideicomiso Property?
If you own coastal property in Baja through a fideicomiso (bank trust), the trust itself has a built-in inheritance mechanism. When you set up the fideicomiso, the bank asks you to name substitute beneficiaries. These are the people who inherit the trust rights if you die.
When you pass, the named beneficiary steps into your position in the trust. No probate court. No judge. The bank processes the transfer directly. This is faster and cheaper than going through a will for the same property.
The catch: if you never named a substitute beneficiary, the property falls into your estate. It then goes through the full probate process. Name your beneficiaries. Update them when your life changes. The bank charges nothing to add or change beneficiaries on the fideicomiso.
Fideicomiso annual fees run $500 to $1,000 USD per year depending on the bank. The trust lasts 50 years and renews for another 50. Your heirs inherit the trust under the same terms.
What Happens If You Die Without a Mexican Will?
Mexican law applies intestate succession rules. Your property goes to your legal spouse and children in proportional shares. Common-law partners (concubinos) have limited rights under Mexican civil code but must prove the relationship in court. If there is no spouse or children, the estate passes to parents, then siblings, then more distant relatives.
Without a will, the process goes through a court-supervised probate (sucesion intestamentaria). If all heirs agree, a notario can handle it. If even one heir disputes, it goes to a judge. Court probate takes one to three years. Notarial probate with a Mexican will takes two to three months.
The difference between having a Mexican will and not having one is the difference between a two-month notarial process and a multi-year court battle. For 4,000 pesos, get the will.
How Do U.S. and Mexican Inheritance Systems Interact?
Mexico and the United States do not have an estate tax treaty. The two systems operate independently. Your Mexican assets are governed by Mexican law. Your U.S. assets are governed by U.S. law. Each country’s probate process runs separately.
For U.S. tax purposes, you remain a U.S. person. The IRS taxes your worldwide estate. Mexican property counts toward the U.S. federal estate tax threshold, which is $13.99 million per person for 2025 (scheduled to drop to roughly $7 million in 2026 unless Congress acts). Most Americans in Baja fall below this threshold, but if your combined U.S. and Mexican assets approach it, consult a cross-border tax attorney.
Mexico does not have an estate tax. Heirs do not pay inheritance tax on property received through a will or intestate succession. However, if heirs sell the inherited property, they owe Mexican capital gains tax on the sale.
What About Your Mexican Bank Accounts?
Mexican bank accounts should be addressed in your Mexican will. Without a will, the bank freezes the account upon notification of death. The heirs must go through probate to access the funds.
Some Mexican banks allow you to name a beneficiary on the account directly, similar to a U.S. payable-on-death designation. Ask your bank. If the option exists, use it. It bypasses probate for that account.
U.S. reporting still applies. If your Mexican bank accounts exceed $10,000 in aggregate value at any point during the year, you must file an FBAR. That is FinCEN Form 114, filed with the U.S. Treasury. If your total foreign financial assets exceed $200,000 at year-end (for U.S. persons living abroad), you also file Form 8938 with your tax return. These are reporting requirements, not taxes. But the penalties for missing them are severe: $10,000 per account per year for FBAR violations.
What About Your Vehicle?
If you own a Mexican-plated vehicle, include it in your Mexican will. Without a will, transferring a vehicle title through probate is a bureaucratic process involving the state transit office, a court order, and multiple visits. With a will, the notario handles the transfer as part of the estate settlement.
If you drive a U.S.-plated vehicle in Baja under a TIP (temporary import permit) or border zone exemption, the vehicle is a U.S. asset. Handle it through your U.S. will.
Who Should You Hire?
For the Mexican will itself, any licensed notario in your state can draft it. The cost is standardized. You do not need an attorney for a simple will.
For cross-border planning, you need a bilingual attorney who understands both systems. In Baja, firms like Rosen Law (rosenlaw.com.mx) in San Jose del Cabo and Mexlaw (mexlaw.com) in Guadalajara with Baja clients handle cross-border estate work. The Settlement Company (settlement-co.com) specializes in Mexican property transfers and inheritance for foreigners.
A cross-border estate plan typically costs $2,000 to $5,000 USD depending on complexity. That covers the Mexican will, coordination with your U.S. estate plan, fideicomiso beneficiary review, and tax analysis.
What Are the Common Mistakes?
Assuming your U.S. will covers Mexico. It can, legally. But enforcing it takes six to twelve months and costs far more than a $200 Mexican will. Get both.
Not naming beneficiaries on the fideicomiso. The trust is designed to transfer property outside of probate. If you skip the beneficiary designation, you lose that advantage.
Forgetting about the vehicle. A Mexican-plated car with no will designation creates a months-long transfer headache for your heirs at the transito office.
Ignoring FBAR and FATCA. These are U.S. reporting requirements that survive your death. Your executor must file them for the year you die. Make sure your executor knows about your Mexican accounts.
Waiting. The best time to set up a Mexican will is when you buy your first Mexican asset. The second-best time is right now. September is cheapest, but any month works.
Regulations and government processes change. This article reflects information current as of March 2026. For advice specific to your situation, consult a licensed immigration consultant or contact the relevant government office directly.