In the US for example, almost anyone can become a Notary Public. Not so in Mexico, where the role is given only to experienced lawyers who are assessed and appointed by the state’s Governor.

The role of the Notary Public in Mexico

The Notary Public in Mexico has the power to witness and certify important business and civil documents which require absolute authenticity.  The appointment also holds responsibility for the management and secure storage of original legal records.

A Notary Public must be a Mexican citizen of at least 35 years in age, he or she must hold a law degree, have at least three years’ work experience at a Notary Public office, and pass a stringent exam.  Those who qualify and pass, in time, are appointed as Notary Public by the office of the state Governor.

Hiring a Notary Public for property transactions

While some buyers hire lawyers to ‘oversee’ their property transactions in Mexico, only the Notary Public has the legal power to process the necessary papers and ensure that legal title is properly passed from seller to buyer. It’s feasible to avoid the fees of a lawyer altogether, unless the situation is complicated and you want to seek additional legal advice in relation to the transaction, or you feel more comfortable having a lawyer involved as well.

Whether you hire a lawyer or not, the Notary Public is the most important legal person you will deal with when you make a property investment in Mexico. Under Mexican Law, the deed to the property must be prepared and processed by a Notary Public.

As a buyer, it is your right to choose the Notary Public, and it should be your first port of call after you have agreed in principle the purchase of a property.  The Notary Public will ensure that all documentation and permits are in order so that the transaction can proceed in a matter that ensures title can be confidently transferred.  The Notary Public will also advise you of any legal problems or liabilities that might be associated with your intended purchase.

Important tip: If you are the buyer in a property transaction, it is your prerogative to choose the Notary Public and we strongly advise that you choose with care and completely independent of the seller’s influence or recommendation.

Other legal matters

You might also need to hire a Notary Public for other legal matters, including creating a Will to bequeath your estate, notarizing certain legal documents, as well as dealing with legal disputes, for example, matters related to contracts or title deeds.

How to find and hire a Notary Public in Mexico

Most buyers tend to find their Notary Public through the realty agent they used to find their property.  A good, well-established, real estate agent in Mexico will have strong working relationships with known legal professionals in their locality, and none more so than the area’s Notary Publics.

Collegiate directory of Notary Publics

In absence of recommendations from your agent, talking with local friends or family can be helpful, and you can also check the directory on the collegiate website for Notary Publics in Mexico.

Learn more about property in Mexico

We publish a range of free eBook guides about property and real estate in Mexico:

• Download our comprehensive guide to buying and selling real estate and renting property in Mexico
• Download our guide to finding and working with a realty agent in Mexico
• More: browse all our Mexico real estate-related eBooks, available for free download.

Estate planning for legal residents in Mexico

The estates of tourists and temporary visitors who come to Mexico for a short period are not affected by this issue as they are most likely to be legally domiciled in their home country, where their will would be read and interpreted, regardless of where in the world they die.

However, for residents living in Mexico (and those planning to make Mexico their primary residence, or legal domicile), it’s important to ask the question: How will my estate and loved ones be affected when I die in Mexico?

It’s a simple question with complex answers, and taking the time to consider your present circumstances and plan for your passing in Mexico will ensure that your loved ones will not be left dealing with complex legal matters, and that your assets and other interests are dealt with according to your wishes when you die.

If you already have a living will set-up in your home country, you also need to consider how that might be affected by your legal residence in Mexico; you might have to take steps to ensure that your wishes are legally enforceable under Mexican law.  Mexico’s legal system is markedly different from places such as the US, Canada, and other European countries, hence the importance for foreigners living in Mexico to acquaint themselves with local laws and customs—and prepare their estate accordingly.

Who needs to make estate planning arrangements?

Planning for your estate to be properly administered after your death is especially important if you:

• have legal residency in Mexico;
• own a home in Mexico;
• hold a bank account(s) in Mexico;
• have savings and investment plans in Mexico;
• own a company in Mexico;
• hold any trusts in Mexico;
• have assets split between Mexico and other countries.

Professionals who can help

You will need to hire some professional help to get this done properly.

Professional advisors

Professional law firms and property consultants can provide advice and either help you directly by writing a will, or referring you to a trusted source who can undertake the legal paperwork work for you.  See Professional Assistance services.

Notary Public

We have explained in these pages before now the importance of the role of the Notary Public in Mexico, and this person should be your first port of call as you begin to plan your estate.  Even if you use other services to structure your estate (e.g. financial planner), you will need to hire a Notary Public in order to get the necessary legal instruments in place.

Accountant

If you have business interests in Mexico, you should also consult with your accountant about matters related to any business accounts or assets, especially where these are held in company names, trusts, or jointly owned with others.

Financial planner

If you have a financial planner or investment manager, you should also involve that person in discussions about planning your estate.

Your country’s consulate offers limited support

As we mentioned in our article about consulate support, your home country’s consulate can only provide limited support in relation to personal matters, and in the event of a natural death, they will usually help to identify and contact the person’s next-of-kin in their home country.  They cannot and won’t become involved in any matters related to estate disputes, probate or any issues in relation to your personal assets in Mexico.

Don’t delay your estate planning work

If you’re living in Mexico and have any significant assets here or abroad, and have been procrastinating on matters related to your estate, or if you plan to move and create a new lifestyle in Mexico and want to ensure that your assets and personal interests are protected if you die when you’re here, you need to stop thinking about it and start taking some action.  By making adequate plans for the inevitable, your loved ones will be grateful and your assets will be properly administered.

Resources for Living & Lifestyle in Mexico

Mexperience offers you a comprehensive online resource of information and local knowledge to help you discover Mexico, explore choices, find opportunities and plan a new life in Mexico.  Our resources include:

• Insightful articles about living and lifestyle in Mexico
• Complete guides to aspects of living in Mexico
• A library of free Mexico eBooks you can download
• A regular Mexico Newsletter you can subscribe to for free

Our comprehensive guides to real estate in Mexico helps you to understand the essentials of property in Mexico including buying, selling, renting, insuring your property, finance options, as well as sections on timeshare, fractional ownership and working with realty agents.

The Mexperience guide to real estate in Mexico includes:

• Property essentials – learn about key concepts and legal aspects of buying and owning real estate in Mexico
• Financing Mexican real estate – a chapter on the various ways buyers fund their property purchases in Mexico
• Sections on understanding Timeshare and fractional ownership of property in Mexico
• Property insurance – an entire chapter to help you learn how to protect your valuable asset
• Property rental – understanding the property rental market in Mexico
• Buying real estate – comprehensive outline of the procedures, legal matters and choices buyers need to make
• Selling your home in Mexico – valuing your property, routes to market, and marketing and selling your home