Changing a home's deed after the owner's death

When a relative passes away, the house doesn't automatically transfer to the children or spouse. Until probate is processed and the deed is updated before a notary, the property continues to legally appear under the deceased's name in the Public Property Registry (RPP). That blocks any sale, mortgage or legal use of the asset.

Testate or intestate succession

The first step is to find out whether the person left a will. That information is checked with the General Notarial Archive of the state and with the National Will Registry (RENAT) of the College of Notaries.

• With a will → testate succession.
• Without a will → intestate succession, also called legitimate succession.

In most states, this can be processed before a notary when all heirs are of legal age, are in agreement, and there is no dispute. Otherwise, it must go through family court.

Steps before the notary public

1. Gather basic documents

• Death certificate.
• Birth certificate of each heir and, if applicable, marriage certificate.
• Official IDs and CURP.
• Original deed of the property.
• Property-tax and water bills, ideally up to date.
• Will or proof of no will.

2. Initiation of succession

The notary opens the file, publishes notices — if state law requires it — and confirms with the General Notarial Archive that no later will exists.

3. Recognition of heirs and appointment of executor

Heirs appear, accept the inheritance and designate an executor (albacea), responsible for inventorying assets, paying debts and distributing what corresponds.

4. Inventory, appraisal and partition plan

For the house, an appraisal — fiscal or commercial — is requested from a valuer authorized by the state. Based on the inventory, a partition is drafted indicating which asset each heir receives.

5. Adjudication deed

The notary formalizes the inheritance adjudication deed. It records who keeps the house and in what percentage. This deed functionally replaces a sale.

6. Tax payments

• ISR on inheritance adjudication: in general, inheritances among relatives are exempt under article 93 of the LISR, but they must be declared when the amount exceeds the annual thresholds.
• ISAI (Real Estate Acquisition Tax, sometimes called "transfer of ownership"): varies by state. Some states apply reduced rates or exemptions for inheritances among direct relatives.
• Property tax: update and clear arrears.

7. Recording at the Public Property Registry

Without registration, the house remains officially under the deceased's name toward third parties. The RPP charges fees calculated on the appraised value, typically between 0.2% and 1% depending on the state.

Approximate costs in Mexico

A standard procedure in CDMX or Monterrey usually ranges between $30,000 MXN and $80,000 MXN, depending on:

• Notary fees (regulated by state schedule).
• Property appraisal.
• ISAI or transfer-of-ownership tax.
• RPP recording fees.
• Overdue property tax and water charges.

Some states may run notarial campaigns or formalization programs with significant discounts.

Typical timelines

• Initiation and recognition of heirs: 2 to 4 weeks.
• Appraisal and inventory: 2 to 6 weeks.
• Signing of adjudication and RPP recording: 4 to 12 more weeks.

In total, a non-contentious succession closes in 4 to 8 months. With disagreements or via court, it can take more than a year.

Special cases

Spouse under marital community

If the house was acquired under marital community property, the half that corresponds to the surviving spouse is separated first, and only the other half enters the estate.

Active Infonavit or Fovissste loan

These loans usually include insurance that pays off the balance if the holder dies. You need to request the release certificate and record the mortgage cancellation before the adjudication.

Minors among the heirs

When minors are involved, the route is always judicial, with intervention from the Public Prosecutor and legal representation by a guardian.

What happens if you don't make the change

While the house remains in the deceased's name:

• You can't sell or mortgage it.
• Property tax and water keep accumulating with surcharges.
• If many years pass, the chain of title breaks and the procedure becomes more expensive and complex.
• Any conflict between heirs can end up in court.

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