How to legally inherit property in Mexico as a foreigner
What happens to a Riviera Maya property when the foreign owner passes away?
Many foreign nationals who invest in Mexican real estate — especially in destinations like Playa del Carmen, Akumal, and Tulum — do so intending to pass the asset on to their children, spouse, or other beneficiaries. However, inheritance law in Mexico operates under its own structure, and proper planning is essential to ensure your property ends up in the right hands.
This guide explains how inheritance works for non-Mexican residents, what role the fideicomiso plays, and what steps to take to protect your legacy.
If your property is held in a fideicomiso (bank trust)
Foreigners purchasing property in the restricted zone — which includes all coastal areas — are required to do so via a fideicomiso. This trust is established through a Mexican bank with the buyer as the primary beneficiary.
The fideicomiso allows you to name substitute beneficiaries in case of death.
These individuals must be named at the time the fideicomiso is created, or later via formal modification with the bank and Notary Public.
Upon the death of the primary beneficiary, the property does not go through probate, but transfers directly to the substitute beneficiary — as long as the trust is properly updated.
If no substitute is designated, the process becomes more complex and may require Mexican probate court intervention.
What if your property is held under a Mexican corporation?
If you purchased the property using a persona moral (Mexican company), inheritance is handled by corporate shares. You’ll need to:
Indicate share ownership clearly in your will (either Mexican or international with apostille)
Follow company bylaws regarding transfer of shares
Work with a notary and corporate attorney to validate the succession
This option is typically used for income-generating properties and may involve added tax and operational complexity.
Do you need a Mexican will?
While not required, having a Mexican will is strongly recommended, especially if:
You have assets beyond the property (e.g., vehicle, bank accounts) in Mexico
You didn’t update your fideicomiso to include substitute beneficiaries
You wish to ensure clarity and speed in case of death
A local will can streamline legal procedures and avoid probate complications. It can coexist with your foreign will as long as they do not contradict each other.
What heirs need to do when the owner passes away
Notify the bank managing the fideicomiso
Present death certificate (apostilled and translated)
Provide ID and documents of the named substitute
Pay any pending fideicomiso or maintenance fees
Work with a Mexican notary to formalize the new trust holder
Planning your estate in Mexico is not just about securing your property — it’s about protecting your family from legal stress or uncertainty. Whether through substitute beneficiaries or a local will, proactive planning gives you peace of mind and ensures your investment is passed on as intended.
At BuyPlaya, we help buyers navigate not just the purchase, but the long-term structure and security of their investment.
Aarón is a born and raised "chilango". After finishing his university studies, what started as a social service trip became his new home and where he started a family in Playa del Carmen. He enjoys the delicious food and culture of the Yucatan peninsula with his wife, daughter, and son. As a professional, he has made a career as a specialist in social networks and electronic media, helping the companies he has worked for to efficiently achieve all their objectives in the medium.