Substitute beneficiaries and inheritance
Naming who takes your beneficial rights when you die (fideicomisarios sustitutos), directly in the trust.
Why it matters
It usually avoids Mexican probate for the property.
Who helps
The bank, and a notario for amendments.
What to do: Name substitute beneficiaries in your trust.
Documents
- To change substitutes: an amendment instruction.
- At death: a death certificate (apostilled and translated), IDs of the substitutes, and the bank's forms.
- Most changes need an RNIE update within 40 business days.
Co-buyers
Name substitutes for each co-buyer; see the co-buyer agreement box in step 2.17.
Inheriting as a substitute beneficiary (step by step)
- Get the death certificate, apostilled (if issued abroad) and translated by a perito (step 2.16).
- Notify the trustee bank and ask for its list of requirements and fees.
- The bank recognizes the substitute(s) by instruction or notarial act; the rights pass under the trust without probate.
- Pay the acquisition tax for family transfers where it applies (1.5% in La Paz and Los Cabos; step 2.12) and any recording fees (double for inheritance transfers at the RPPC, step 2.18).
- Update the RNIE (step 3.2) and name your own substitutes.
- Decide whether to keep the trust (and its remaining term) or sell (step 5.9).
- Bank and notario fees: no published figure; ask your bank.
Costs Estimate
- Acquisition tax on family inheritance or donation: 1.5% in Los Cabos and La Paz (see step 2.12).
Estimates only. Get written quotes.
Common mistakes
- Not naming substitutes.
- Naming minors without a guardian structure.
- Wills that conflict with the trust.
- Forgetting the RPPC fee doubles for inheritance transfers (step 2.18).
Say it in Spanish
- Quisiera actualizar a mis fideicomisarios sustitutos.
I'd like to update my substitute beneficiaries.
Terms
Confirm the details for your case with your notario or attorney.
Common questions
Who inherits my property?
The substitute beneficiaries named in your trust. Keep them current, and coordinate with your wills.