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Mexican Law/Mexican Inheritance Law


I have a similar situation.

In  you answer you wrote:
Dear Teri,

The laws of sucession in Mexico vary state by state. But typically, in the case of intestate sucession (when there is no will), the property of the deceased is divided among the surviving spouse or concubine and all the recognized children. All recognized children receive equal parts. The part that the wife or concubine receives can vary according to the state. If there is no wife or concubine, then the property is evenly divided among the children.
Lic. John Lee Ward

My question is does the ( probate ) court of jurisdiction take the property and dispose of it and divide the proceeds or does the court get involved at all and let the family decide what to do with the property.


Dear Alan,

In Mexico, there are no probate courts. These cases are heard my normal trial judges. The heirs elect an "alabcea" the same as an executor in the US who is approved by the Judge. The albacea can liquidate property with permission of the Judge. However, normally the issue in these cases is the division of real property. In that case, real property is typically deeded in the names of all the heirs. Later it is up to the heirs to buy and sell their portions among themselves or sell en toto and divide the proceeds. Judicial sales of intestate property in Mexico are theoretically possible but very rare in practice.

Hope this helps!

Lic. John Lee Ward
Córdoba, Veracruz

Mexican Law

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John Lee Ward


I can respond to any question related to Mexican Law and common business practices in Mexico. I can also compare and contrast between the American and Mexican legal systems.


Licenciatura en Derecho from the Universidad del Golfo en Cordoba, Veracruz. (Cedula Profesional No. 5713238) Maestria en Derecho from the Universidad de Cristobal Colon en Veracruz, Veracruz. (Cedula Professional No. 6358321) Currently a Candidate for a Doctorado en Derecho from the Universidad de Cristobal Colon. 5 years of litigation experience in Mexico.

Bachelors in Electronic Engineering, California Polytechnic State Univ. Juris Doctor, Concord University in Los Angeles Licenciatura en Derecho, Universidad del Golfo, Mexico Maestria en Derecho, Universidad de Cristobal Colon, Mexico Doctorado en Derecho (In Progress), Universidad de Cristobal Colon, Mexico

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