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ELENAFLORES& ABOGADAS

Your parent died in Monterrey and the house is still in their name. What now?

A U.S. probate has no authority over real property located in Mexico. The house only changes hands through a Mexican succession proceeding — and heirs living in the U.S. can usually do it without moving back.

Does this sound like you?

Si te suena alguna de estas, sí.

  • My dad died and left a house in Monterrey in his name. Nobody knows what to do.
  • We already did a probate in the U.S. and were told it doesn't touch the property in Mexico.
  • My mom left a will in Mexico but nobody has explained how it gets carried out.
  • We want to sell my grandparents' house and were told the succession has to happen first.
  • My husband died and the bank account and the truck in Mexico are still in his name.
  • There are five of us siblings and we don't all agree on what to do with the property.
  • My brother is living in the house and says he is the only heir.
  • I live in Chicago and my mother died in Monterrey. I can't be flying back and forth.
  • It has been years since my father died and nothing was ever done.

What this covers

  • A one-hour consultation to identify whether your case runs through the intestate route or the testate route.
  • Reviewing the documents and the legal status of the assets: deeds, property tax, accounts, vehicles.
  • Searching for and reviewing the will, if there is one.
  • Drafting and filing the succession petition.
  • Obtaining recognition of the heirs and appointment of the estate executor (albacea).
  • Inventory and appraisal of the assets.
  • The partition plan: how it gets divided and who receives what.
  • Handling the award of assets and the deed work so the property ends up titled in the heirs' names.
  • Representation when heirs do not agree.
  • Working with heirs who live in the United States through a power of attorney, so nobody has to relocate.

Lo que recibes

  • Written assessment of your case and the route that applies.
  • Personalized list of documents to gather.
  • Filings submitted to the court.
  • Ruling recognizing the heirs.
  • Inventory and partition plan.
  • Deed of award, executed and recorded in the Public Property Registry.
  • Progress reports throughout, in your time zone.

How it works

  1. Consultation and assessment

  2. Gathering documents

  3. Opening the succession

  4. Recognition of heirs and executor

  5. Inventory and appraisal

  6. Partition and award

  7. Deed and registration

  8. Resuelto

  1. Paso 01

    Consultation and assessment

    We determine whether there was a will, who has the right to inherit, and what assets exist. That is what decides the route: intestate or testate. Scans are enough to start; nobody has to fly down for this conversation.

  2. Paso 02

    Gathering documents

    We give you a precise list. If a certificate is missing or a name is misspelled, it has to be fixed first — a name that reads differently on the birth certificate than on the deed stops the whole proceeding.

  3. Paso 03

    Opening the succession

    We file with the corresponding court. This is where the process formally begins.

  4. Paso 04

    Recognition of heirs and executor

    The court recognizes who inherits and an executor (albacea) is appointed to administer the estate and represent it while the proceeding runs. An heir living in the U.S. can serve, and can act through a representative.

  5. Paso 05

    Inventory and appraisal

    A formal list of everything the person left is drawn up and valued. Existing debts are deducted.

  6. Paso 06

    Partition and award

    A division is proposed, the court approves it, and each heir is awarded what corresponds to them.

  7. Paso 07

    Deed and registration

    Where there is real property, the deed of award is executed before a Mexican civil-law notary — a licensed attorney with delegated public authority, not the same thing as a U.S. notary public — and recorded in the Public Property Registry. We prepare the file, review the draft deed, and see the step through. That is what finally puts the house in the heir's name.

What to bring

If you don't have all of it, don't worry — we work out how to get it during the consultation.

  • Death certificate of the person who died.
  • Birth certificate of each heir, to prove the family relationship.
  • Marriage certificate, if the person who died was married.
  • Valid photo ID and CURP for each heir.
  • The will or the notarial testimony, if there was one.
  • Deeds, invoices, contracts, or account statements for the assets.
  • Proof of address.
  • Contact information for everyone who could inherit, including the ones who do not agree.
  • For heirs in the U.S., a power of attorney signed at a Mexican consulate, or drafted, notarized, apostilled, and translated where you live.

When someone in the family dies, their assets do not change owner on their own. Everyone can know whose house it is and it makes no difference: until the succession is done, the property is still legally in the name of the person who died, and that blocks selling it, renting it, or passing it on again.

If you live in the United States, there is one fact that saves families a lot of wasted money. A U.S. probate court has no authority over real property located in Mexico. An American probate, however thorough, does not transfer a Monterrey house. That jurisdictional gap is not a technicality — it is the whole reason a Mexican proceeding is necessary.

The good news is that heirs abroad rarely have to relocate. Most of this runs on documents and a power of attorney signed at a Mexican consulate near you. We handle the proceeding from the first filing through the deed of award being recorded, whether or not the family agrees. This is general information about our services, not legal advice, and inheritance rules vary by Mexican state.

Ofrecer acompañamiento a nuestros Amigos y Clientes, brindando un servicio personalizado, manteniendo como premisa la cercanía y el trato humano.

Common questions

Lo que más nos preguntan.

¿Falta la tuya? Escríbenos y te contestamos sin compromiso.

Does a U.S. probate transfer my parent's house in Mexico?

No. A U.S. probate court has no authority over real property located in Mexico. Families routinely pay for a full U.S. probate and then discover the Mexican house is untouched. The property changes hands only through a Mexican succession proceeding, filed where the property is.

How can I claim a home and a bank account in Mexico while I'm living in the USA?

Through a succession proceeding filed in Mexico, which in most cases can be run under a power of attorney signed at a Mexican consulate near you. Real property and Mexican bank accounts follow that same proceeding. What we need from you is documents and signatures, not plane tickets.

My parent died without a will. What happens to the house?

Then it runs as an intestate succession: the law determines who inherits and in what order, rather than the deceased's wishes. It usually takes longer and costs more than a testate succession, because who inherits has to be established before anything can be divided.

Do all the heirs have to agree, and do they all have to travel to Mexico?

They do not all have to travel — heirs abroad can act through a power of attorney. Agreement is a different matter: when everyone agrees, is of age, and there is no dispute, the succession can often run before a Mexican civil-law notary instead of a judge, which is faster. Disagreement sends it to court.

How long does probate take in Mexico?

It depends on the court, the route, whether all the heirs agree, and whether the documents are in order. We will not promise you a date, but we will always tell you which stage you are in and what comes next. What stretches these cases out is family disagreement and errors in the certificates.

How much does probate cost in Mexico?

There is no published flat price, because the range is enormous — a testate succession with one heir is nothing like an intestate case with six estranged siblings and three properties. Start with a consultation — $50 USD for one hour on Zoom — and we give you a real quote from your actual documents.

Can I sell the house before the succession is finished?

Not safely. While the property is still titled in the name of the person who died, it cannot be deeded to a buyer. The succession is the mandatory prior step when the family wants to sell, which is why starting it early matters if a sale is the plan.

My father died years ago and we never did anything. Is it too late?

Usually not. The right to inherit is not generally lost by letting time pass, but it does get harder: property tax and water debts pile up, documents disappear, and sometimes an heir dies too and a second succession opens on top of the first. Sooner is simpler.

The names on the certificates don't match. Does that matter?

Yes, quite a lot. If the name on the birth certificate does not match the deed or the death certificate, the court will flag it. It has to be corrected first through a certificate correction proceeding, which we also handle. This is the single most common reason these files stall.

Will I owe U.S. taxes when I sell the inherited house in Mexico?

That is a U.S. tax question, not a Mexican legal one, and we do not answer it. Talk to a U.S. cross-border tax professional before you sell. We can tell you what the Mexican side of the transaction looks like and coordinate with your tax advisor, but we will not guess at your U.S. exposure.

What is an albacea?

The executor of the estate. The albacea administers the assets and represents the succession while the proceeding runs — paying debts, protecting the property, and carrying out the partition. An heir living in the United States can serve as albacea and can act through a representative in Mexico.

Where we are

Our office
in Monterrey.

Address
Calle José Calderón #640
Col. Chepevera, Monterrey, N.L.
Near the corner of Av. Fleteros and Prolongación Arramberri
Hours
Lunes a viernes, 9:00 a 21:00

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