FamiliaLista › Guides › Bank accounts, Afore and property in Mexico after a death

By Frank Flores, founder of FamiliaLista · Updated November 3, 2026

Bank accounts, Afore and property in Mexico after a death

When a loved one dies with accounts or property in Mexico, three things decide what happens: the beneficiaries they named at the bank and the Afore, a testamento if there is one, and Mexican succession rules if there isn't. If they died in the US and were Mexican, the consulate can register the death for free so you have a Mexican acta de defunción.

Mexican bank accounts: beneficiaries come first

Mexico's banking law says the holder of a deposit account must name beneficiaries and can change them at any time. When the holder dies, the bank pays the people they named in writing, in the shares they set. If there are no beneficiaries, the money is handed over under the regular succession rules. Source: Ley de Instituciones de Crédito, art. 56.

Afore: two kinds of beneficiaries

Designated beneficiaries. A worker can name up to 5 people at their Afore, of any age, gender or relationship, at a branch, in the AforeMóvil app or on AforeWeb. They receive the funds that aren't set aside for a pension.
Legal beneficiaries. Under Mexico's Social Security Law, these are the spouse or partner, children (under 16, up to 25 if studying, or older if they can't support themselves) and parents who lived in the home. They receive the funds as an IMSS pension.
If there are no legal beneficiaries, the funds go to the designated beneficiaries.

For questions, CONSAR's SARTEL line is 55 1328 5000. Source: CONSAR, Guía del Sistema de Ahorro para el Retiro (2024).

Register the death with the consulate

If your loved one was Mexican and died in the US, the consulate can register the death. The resulting acta de defunción has full legal effect in Mexico, with no apostille needed. Registration is free; the Laredo consulate charges $20 per certified copy. Expect to bring:

[ ] A certified US death certificate. The Dallas consulate says it must be apostilled to be valid in Mexico.
[ ] Proof of Mexican nationality: birth certificate, passport, declaration of nationality or naturalization letter.
[ ] The person's official ID, such as passport, matrícula consular or voter ID.
[ ] Your ID, and two adult witnesses with photo ID.

Requirements vary by consulate, so confirm with yours. Sources: Consulado de México en Laredo, registro de defunción, Consulado General de México en Dallas, registro de defunción.

House, land and the inheritance

Inheritance cases in Mexico are handled in civil or family courts, or in some cases outside court before a notario público. Ejido land goes through the agrarian tribunal. If you live in the US, the consulate can grant a power of attorney (poder notarial) for a lawyer in Mexico; bring the lawyer's details in writing: the type of power, whether there's a testamento, the full name of the person who died, and the court and case number if a case was already filed. Source: Consulado General de México en Los Ángeles, asuntos de herencia.

A testamento for what's in Mexico

A Mexican consul can act as a notary for a testamento público abierto when the property in it is in Mexico, and it doesn't need legalization or an apostille. You'll need an appointment, ID and your marriage or divorce papers. Source: Consulado de México en San José, testamento.

Checklist for the family

[ ] Names of Mexican banks and the beneficiaries on each account.
[ ] The Afore's name and the beneficiaries registered there.
[ ] Copies of escrituras and the latest predial receipts.
[ ] Any testamento, and the notario who has it.
[ ] The Mexican acta de defunción from the consulate.

Bringing someone home? See how to bring a loved one home to Mexico.

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Frequently asked questions

Who gets a Mexican bank account when the holder dies?

The beneficiaries the holder named in writing, in the shares they set. Without beneficiaries, the money follows the regular succession rules.

Can I register a death in the US with the Mexican consulate?

Yes, if the person was Mexican. Registration is free, and the Mexican acta de defunción has full legal effect in Mexico.

Can I make a Mexican will at the consulate?

Yes. The consul can act as a notary for a testamento público abierto covering property in Mexico.

Is this legal advice?

No. It is general information from Mexican law, CONSAR and the Mexican consulates. Talk to a lawyer or notario in Mexico about your case.

Sources

General information, not legal or financial advice. Rules change; check the official sources above or talk to a licensed professional about your situation.