In Mexico, the minimum age for this process varies in each state in the republic.
Entrepreneur New Years Leader
Get inspiration from the business resources in our guide and help you meet your goals in 2021.
This article has been translated from our Spanish edition using AI technologies. Errors can occur due to this process.
The opinions expressed by the entrepreneur's contributors are their own.
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 genetic material, ”warns Sebastián Medrano, Director of Coru.com.
In our country, wills in civil matters are divided into two categories: ordinary and special; Wills in agricultural matters are referred to as list of successors or wills according to the regulations of the Ministry of the 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 carefully it shouldn't be a major problem," added Medrano.
How can one collect or demand the fulfillment of an inheritance?
With testamentary succession. This means that 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 collection of the will. This can be done depending on the case: with the birth certificate in the case of children of the deceased, with the marriage certificate in the case of spouses, etc. A list of the assets and debts in question must be submitted before an inheritance through judicial process. Then everything related to managing the succession estate and accounts is presented. Finally, the process ends with the asset sharing. 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 has made a certain property available to a particular person, the judge must assign that property to those persons.
Finally, the deed is carried out in which a notary officially assigns 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 before a notary. The notary confirms that the deceased has 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 that contains the inventory and evaluation 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 is not exactly quick, it is ideal to do it correctly and through an agreement between the heirs.