Learn how to Gather a Will
In Mexico, the minimum age for this process varies in each state in the republic.
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This article was translated from our Spanish edition using AI technologies. Errors can occur due to this process.
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A will is a legal mechanism, approved by a notary, that expresses a person’s will to the destination of their property and rights at the time of death.
In Mexico, the minimum age for this process varies in each state in the republic. In some companies this can be done from the age of 14 (Chihuahua, Coahuila, Puebla, Quintana Roo, Sinaloa, Tabasco and Tlaxcala). In other countries, the minimum age is 16 years (Aguascalientes, Baja California, Baja California Sur, Campeche, Chiapas, Colima, CDMX, Durango, Guanajuato, Guerrero, Hidalgo, State of Mexico, Morelos, Nayarit, Nuevo León, Oaxaca, Querétaro,) San Luis Potosí, Sonora, Tamaulipas, Veracruz, Yucatán and Zacatecas). In Jalisco and Michoacán, the applicant must be of legal age.
“Will is a subject that can be difficult to understand and address, but it is necessary to know when we need it. The lack of basic information can not only lead to irreparable personal conflicts, but also to the loss of heritage, ”warns Sebastián Medrano, Director of Coru.com.
In our country, wills in civil matters are divided into two categories: ordinary and special; Agricultural wills are referred to as the list of successors or wills in agriculture according to the regulations of the Ministry of Interior.
The Coru.com financial services platform provides the following guidelines on the general steps that must be followed to enforce will compliance in Mexico.
“The process of collecting an inheritance can be lengthy, but if the instructions are followed exactly it shouldn’t be a major problem,” added Medrano.
How can one collect or demand the fulfillment of an inheritance?
With testamentary succession. That is, those with whom the deceased person left a will and sold their property can be processed by courts or notaries.
If this is done by judicial means:
- A document must be submitted to the party office of the city’s Supreme Court, where death is accredited with a death certificate. At the same time, the interested party (or promoter) must prove the legal interest in the drawing up of the will. This can be done depending on the case: with the birth certificate for children of the deceased, with the marriage certificate for spouses, etc.
- A list of the assets and debts in question must be submitted prior to legal succession.
- Then everything related to the management of the estate of the Succession and the bookkeeping is presented.
- Finally, the process ends with the division of the assets. The judge will decide whether or not to give them to the heirs in accordance with the agreement made, if the deceased left several people as universal heirs. In the event that the deceased provided certain assets to certain individuals, the judge must assign those assets to those individuals.
Finally, the deed is executed in which a notary officially awards the properties to the heirs. In this case, the relevant taxes must be paid and the goods entered in the public land register in which the change of ownership is reported.
Important: The legal process requires hiring a lawyer specializing in inheritance and it will always be the longest and most expensive process.
In the testamentary succession through notarial channels
It is important that the procedure is not requested by minors or adults with a mental disability, but that there is no conflict between the heirs, otherwise the procedure will be carried out in court.
- If everything is in order, the interested parties go to a notary.
- The notary confirms that the deceased actually left a will, then the deed of acceptance of the inheritance and the position of the executor is issued so that the notary can make two publications in the city newspaper.
- A second certificate is then created containing the inventory and valuation information. The assessment of the goods also takes place and finally the payment of the relevant taxes and entry in the land register.
This process can take up to two months if there is no additional problem. While the process of collecting a will isn’t exactly quick, it is ideal to do it correctly and through an agreement between the heirs.