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How long does probate take in Mexico (Jalisco)?
The first article in a series about probate and options…
Depends on what type of probate action is filed or used.
1) Adjudication (changing title) to real property when there is a beneficiary clause in the property deed:
The spouse or child (direct deed beneficiary clause only applies to spouses and parent/child relationships) presents the death certificate of the owner (foreign ones with apostilles / legalizations and official translations), the original or certified copy of the property deed and the marriage or birth certificate (or adoption papers) (foreign ones with apostilles / legalizations and official translations) to prove the relationship and right to use beneficiary clause in deed instead of having to file a formal probate action.
a) Timing starts from when the death and marriage / birth certificates are ready and then the Notary Public can prepare the adjudication deed within a few days to a few weeks to be able to sign the deed. If the certificates plus apostilles / legalizations and official translations take a month and two weeks to be ready to sign now you are 6 weeks into the process.
b) The Public Property Registry will require the Notary to present the official responses from two search requests made, one to the Public Instrument Archive and the other to the Social Prosecutor’s office. These responses are to show that there was no will granted after the last designation of a beneficiary in the deed and if there was and doesn’t match who is trying to adjudicate the property into their name, the new deed cannot be recorded.
The response from the Social Prosecutor takes one day, their office is located in the Court Complex in Guadalajara. The Public Instrument Archive takes about 2 weeks for responses. So now you have a minimum of 2 weeks added into the calculation.
c) Property deeds take an average of two months from signing to final recordation at the Public Property Registry. There are forms the notary fills out, taxes to be paid and a bunch of paperwork behind the scenes most people never see.
Minimum time mas o menos for an Adjudication with a beneficiary clause for real estate, about 3-4 months from starting to prepare to do it to having the final deed in hand with new owner (heir).
