Baja Property Insider · Estate / Succession · Stage Worksheet

You inherited a property

Last reviewed September 2026 · bajapropertyinsider.com

A property has come to you through an estate. Until the transfer is formally completed and recorded, you generally cannot sell, mortgage or fully control it — even if you are living in it.

What usually happens next

1. 01 — Gather the death certificate, the deed, and the trust or will naming you.

   Every transfer path starts from the same papers: the death certificate (apostilled and translated if issued abroad), the escritura, and the trust agreement or will that names you. Gathering them early matters because replacements from abroad are the slowest part of most successions.

2. 02 — Confirm how the property was held, and what transfer process that implies.

   If the property is in a trust and you are the named substitute beneficiary, the bank has a defined administrative process. If it was held directly, a succession before a notario or court is required. The registry record and the trust agreement tell you which — and they take very different lengths of time.

3. 03 — Complete the succession or trust transfer through a notario.

   The notario (or the trustee bank, for a beneficiary designation) processes the transfer and records you as owner or beneficiary. Expect months, fees, and a list of documents. Once recorded, you hold the full position — until then your ability to act on the property is limited, whatever the family understands.

4. 04 — Bring taxes, trust fees and utilities current in your name.

   Estates often leave years of unpaid predial or trust fees, and accounts in a deceased person's name need to be transferred. Clearing arrears and re-establishing accounts in your name keeps the property in good standing and prevents penalties compounding while the paperwork settles.

What to watch for

• Years of unpaid property tax or trust fees accumulated during the estate.
• Co-heirs who must also sign, and may not agree.
• Waiting. Delay makes succession more expensive, not less.

Papers and people

• Who is involved: Notario · Attorney · Bank / trustee · Co-heirs
• Documents that show up: Death certificate · Escritura · Trust agreement or will · Identification for each heir

Notes

Gerardo Sánchez Aramburu

Independent Attorney Partner

Some steps on this sheet are judgment calls, not paperwork. When one of them turns out to matter for your transaction, an independent Mexican attorney is the right next reader — someone answerable to you, not to the deal. Gerardo works directly with foreign buyers and owners in Baja California Sur, in private 30-minute consultations.

Book directly: bajapropertyinsider.com/legal-guidance

Sources and last reviewed

Last reviewed September 2026. Laws, rates, and municipal requirements change. Treat this page as a starting point and confirm anything you intend to rely on with your notario or an independent Mexican attorney.

• Código Civil para el Estado de Baja California Sur — Governs contracts, wills (testamentos), succession, and the transfer of real rights in BCS.
• Ley de Inversión Extranjera (1993), Title II, Chapter III — Establishes the fideicomiso route and the 50-year renewable trust term for foreign beneficiaries.
• Ley del Notariado para el Estado de Baja California Sur — Defines what a notario must verify, certify, calculate, and file for a property transfer.
• Closing costs reference, ML Realtor — Acquisition tax (ISABI) rates and the deduction applied in BCS municipalities. (https://mlrealtor.com.mx/guides/closing-costs/)
• Mexico real estate closing costs 2026, Living in Cabo — Bank trust setup and annual trustee fee ranges. (https://livingincabo.com/blog/mexico-real-estate-closing-costs-2026)

A finished checklist is a well-prepared file, not a verified transaction. Baja Property Insider — bajapropertyinsider.com