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Who inherits without a will in Mexico?

Differs by state, region or province

In Mexico each of the 32 states has its own civil code; in most the spouse inherits a share equal to a child's.

Updated October 2026. Spotted a mistake? Tell us.

The default, not your case. This page describes what applies when there is no valid will. Succession law is reformed often, a will changes everything, and the rules for an estate with a foreign element are complex. This is general information, not legal advice.

A spouse and children survive

In most states the spouse inherits a share equal to a child's, in some states only if the spouse has little property of their own.

A spouse survives, but no children

With the parents or the siblings the spouse generally takes the larger share; with none of them, the spouse takes everything.

No spouse: who comes next

Descendants first, then the parents, then other ascendants, then collateral relatives up to the fourth degree. If none, the estate goes to public welfare.

A partner who is not married

Many states treat a concubine or a long-term partner as a spouse for inheritance, subject to conditions.

What a will cannot take away

Most states require the person to leave maintenance to the children, the spouse and the parents who depend on them, while otherwise allowing the will to dispose of the estate freely.

If the person or the property is abroad

The country has its own rules on which law governs an estate. An estate with a foreign element needs advice in each country involved.

What to watch for

  • Because each state has its own code, the answer depends on the state where the person lived. This entry gives the usual pattern only.

Understand the legal system first

Mexico belongs to the Civil law family. Succession law grows out of the legal tradition, so it helps to know how the system works.

Read the Mexico legal-system profile in the Legal Families Atlas →
Who owns what in a marriage in Mexico? →

Official sources

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TheLawToKnow Tools’s inheritance guide is an educational overview of general rules. It is not legal advice, and it does not replace the official source or a lawyer in the country. Report a mistake.