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Did you know that Mexico offers two distinct methods for administering an estate: court probate and notarial probate?

Court Probate


A court probate, known as "juicio sucesorio" in Mexico, is the traditional method for estate administration in the country. It entails a formal legal proceeding filed with Mexican courts, typically where the decease’s real estate is located. The process starts with an heir  or pa petition for probate, referred to as "denuncia de juicio sucesorio," along with documents such as the death certificate, any existing will, and, in the absence of a will, evidence establishing familial relationships like marriage and birth certificates.


Court probate becomes necessary under various circumstances, including disputes among heirs, contested wills, the presence of minor heirs, the need for court intervention in collecting and organizing estate assets, and situations involving a foreign will.


Notarial Probate

 

A notarial probate offers a streamlined alternative to the court-administered probate process, facilitated by a Mexican notary public, thus bypassing the need for court involvement.


The Mexican notary verifies the will's validity following necessary publications and searches conducted within the local state notarial records and the land title office (Registro Publico de la Propiedad) Public Registry of Property to identify any additional wills made by the deceased.


Additionally, the notary acknowledges the appointment of an executor (known as "albacea") and the heirs' acceptance of their inheritance rights to the estate.


Subsequently, the notary certifies the inventory prepared by the executor, oversees the administration of assets by the executor, and ensures their distribution to the heirs.

a notarial probate is generally quicker to be completed than a court probate.


The choice between court probate and notarial probate largely depends on the complexity of the probate and the level of agreement among the heirs.




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