Will I Have To Go To A Lawyer Or A Notary?

  • What goods to leave and what procedure to follow with this document when the person dies
  • The general information that exists to make a will preaches that people should go to a notary, however, some do it with their lawyers, but we explain the difference:
  • To start, all notaries are lawyers training; there is no notary that is not licensed in law or has a degree issued by a school regarding the social validity of studies of this nature.
  • Going with the lawyer is an unnecessary step, explained the notary and member of the Communication Commission of the College of Notaries of the Federal District, Marco Espinosa, in an interview and added that the specialist in matters of succession Mexico is the notary.

If no Testament was made

On the other hand, when someone dies and does not leave a will, the relatives must initiate a judicial succession procedure, and they will depend on whether or not they all agree, that is, whether or not there is a dispute.

“Because if there is controversy, notaries are prevented by law to intervene; We cannot dispute. For that, they would need a lawyer who are expert on Property Settlement. But if the will was granted or not, everyone is of legal age, and they can agree with the notary so that the process is extrajudicial before this figure “, clarified Espinosa.

Types Of Goods

All assets, rights, and obligations that are not extinguished by death must be included in this legacy.

“For example, the lifetime usufruct that is a right over some good to be able to use it or enjoy it that is extinguished with death. The same happens with political rights or alimony. (Not to be confused with insurance pensions or with insurance pensions or for family members) “, analyzed the notary.

Even people can inherit their pets because in the country they are considered as a legally movable property that would pass to the beneficiaries.

“They are goods known as serviettes, but they are goods that are transmitted to someone particular. We will think that I have my house, my car or my apartment, but my friend I know that he loves cats and I know I can leave him mine “, added by the Property Settlement expert.

Can you leave goods to the animals?

No. In Mexico, animals do not have legal personality, so what can be done is to allocate a fund in trust for food, but it is an extraordinary case because it could be costly.

Procedure when a person dies

1.- It is necessary to process the death certificate immediately and with this document and the will, go with a notary.

2 .- He is responsible for seeing the will and can process the succession. It will do so by requesting reports to the file of notaries and legal records to verify that it is the last one that was made.

3.- The notary requests these reports and draws up a deed of acceptance of inheritance and the position of the executor.