Intestate succession: What is it and when does it apply?

A complex and difficult situation to solve is to agree on the distribution of assets when a relative dies without having left a will. In such cases the need for intestate succession may arise and we will tell you what it is, when it applies and how it is carried out.

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What is an intestate succession?

It is a type of succession regulated by law because the deceased person did not make a will, so his children or possible heirs must file a process before a Family Judge for the distribution of assets. If all the possible heirs are of legal age and agree on the distribution, they can only go to a Notary.

Intestate succession can be classified as:

• Judicial. The distribution of assets is achieved through a process in the family court.
• Extrajudicial. The distribution of assets is achieved through a notary public’s office.

In which cases does intestate succession apply?

• Persons who died without having made a will.
• Incomplete wills, in which not all assets were contemplated.
• Heirs who do not accept their inheritance.
• When there is a will, but it has lost its validity or is null and void.
• When the heir dies before the testator or is incapable of inheriting.
• Heirs who do not fulfill the conditions to inherit.

Now, in order to begin the process of intestate succession, it is necessary that persons have the right to inherit the assets, for example, children, parents, spouse or common-law spouse of the deceased. If there are no heirs, the assets will be disposed of before a public charity.

The requirements to carry out this procedure are:

• Certified death certificate of the deceased person.
• Birth certificate, or marriage certificate that proves the relationship with the deceased person.
• Two witnesses who have known the deceased person and confirm the relationship with the heirs.
• Have an executor or legal representative assigned to the deceased and who is in charge of making an inventory of the assets to secure them and distribute them among the heirs.

The purpose of the distribution of assets should always be to protect the property, the integrity of the family members and to help alleviate the burden of those who suffered the loss of a family member, especially when it is the head of the family.

If you are going through a situation of this nature, contact us, in LEX & CO we are tax lawyers and experts in all branches of law, bail collection, extrajudicial collection, foreclosure, and real estate law. Our team of real estate attorney in Mexico can assist you in contesting a will or bringing an intestate succession lawsuit. For more information on the subject or claim action, call us at 5568401076, send us an email to firma.lex.co@gmail.com, write us through our contact form or WhatsApp.

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Lic. Carlos Figueroa Rodríguez

Carlos Figueroa Rodríguez, attorney at law at Lex & Co. He has more than 10 years of experience in specialized cases involving insurance claims and medical malpractice. He is a graduate of the Universidad Anáhuac and has a Master’s Degree in Constitutional Law and Amparo from the National Bar Association. He also has a Doctorate in Juridical Sciences from the UCI Mexico. Professional license 6577215.