A Mexican will for Americans in San Miguel de Allende

If you own a home, a car or a bank account in Mexico, a Mexican will signed before a notario is one of the cheapest favors you can do for your heirs.

The short version

The standard Mexican will is the testamento público abierto. You state your wishes before a notario público, who drafts the will, reads it with you, and keeps the signed original in the notary's official records.
It works alongside your US will or trust. Most Americans here keep a US plan for US assets and a Mexican will for Mexican assets. The two need to be drafted so one doesn't cancel the other.
It's not expensive. In Guanajuato a will normally runs about MXN 5,000 to 9,000 (about USD 265 to 480 in 2026). During the 2026 will campaign the state's notaries charged a single fee of MXN 3,500 (about USD 185) [1][2]. USD conversions use the Banco de México FIX rate of 18.7147 pesos per dollar (November 5, 2026) [7].
Guanajuato runs a longer campaign than most states. Most of Mexico treats September as will month. In 2026, Guanajuato ran it through October 31 [2].
Uncle Sam still counts your Mexican house. As a US citizen, your worldwide estate is in play for US estate tax, though the basic exclusion is USD 15 million for 2026 deaths [4].

Why a US will isn't enough for Mexican property

Back home in the States, your will goes through probate in the county where you lived. Mexico has its own system. When someone dies owning property here, the transfer to heirs runs through a Mexican succession process, handled by a notario or, in harder cases, a court.

A Mexican will makes that process far simpler. The notario who signed it has the original in the official record, the will is written in Spanish under Mexican rules, and the notary reports it to the national will registry, the Registro Nacional de Avisos de Testamento (RENAT). Only judges and notaries can search that registry, which is how your heirs' notario will find the will later [6].

A US will can still count in Mexico, but it usually has to be apostilled, translated by an official translator and validated by a Mexican judge before anyone can act on it. That's slower and pricier, and it's exactly when your family is least able to deal with it. Without any will, Mexican law decides who inherits, and the US Embassy notes that the usual order runs from surviving spouse to adult children, parents, siblings and then more distant relatives [3].

What a Mexican will usually covers:

Your house or condo in San Miguel, and any land outside town
Mexican bank and brokerage accounts (Mexican banks also let you name beneficiaries on an account, which is worth doing too)
A car with Mexican plates
Furniture, art and the rest of what's in the house

How the testamento público abierto works

The open public will is the version almost every notario in San Miguel will steer you toward. "Open" just means the notario knows what's in it, as opposed to a sealed will.

Step by step

Pick a notario. In Mexico a notario público is a senior lawyer appointed by the state, not someone with a stamp at the UPS Store. Guanajuato has 233 notaries [1]. Ask other Americans in town which offices work comfortably with English speakers.
Send your details ahead. The notario will want your full name, date and place of birth, nationality, marital status, your parents' names, and a list of heirs with their details. Have the address and deed details of any property ready.
Bring ID. The 2026 campaign asked for official photo ID and a birth certificate, and a minimum age of 16 [1]. For Americans that means your passport, often your Mexican residence card, and your US birth certificate. Ask whether the office wants it apostilled and translated.
Review the draft. The notario prepares the will in Spanish. If you don't read Spanish well, ask how the office handles that, whether it's a sworn interpreter, a bilingual draft or both. Don't sign something you can't follow.
Sign at the notary's office. The notario reads the will, you confirm it reflects your wishes, and you sign. The original stays in the notary's protocolo; you get a certified copy (testimonio).
Tell your executor where it is. Name an albacea (executor) you trust, ideally someone who can get to San Miguel, and leave a note with your US papers saying which notary holds the will.

Signing from the US

If you own property in San Miguel but you're still living stateside, Mexican consulates in the US can act as notaries for wills covering assets in Mexico. The Mexican Consulate in Austin, for example, charges USD 451 for a foreigner's will, takes two visits, and says the will doesn't need an apostille [5].

Making it fit with your US will or trust

This is where people get tripped up. A standard US will often starts with a line revoking all earlier wills. If you sign a US will after your Mexican one, that clause could, in theory, knock out the Mexican will too. The fix is drafting, not luck.

Question	US will or trust	Mexican will
What it should cover	US assets: home, 401(k)s and IRAs (through beneficiary forms), US bank and brokerage accounts	Assets in Mexico only
Who signs it	You, with US witnesses and often a US notary	You, before a Guanajuato notario
Language	English	Spanish (with translation for you)
Revocation clause	Should say it doesn't revoke the Mexican will	Should say it covers only Mexican assets
Executor	US personal representative or trustee	Albacea, ideally someone who can act in Mexico

A few practical points:

Keep the heirs consistent. If your US trust leaves everything to your spouse and then the kids, your Mexican will should usually say the same, unless you mean it to differ.
Living trusts and Mexican real estate don't mix easily. A US revocable trust is a common way to skip probate stateside, but Mexican title doesn't simply move into a US trust. Ask your US estate lawyer and a Mexican notario before assuming your trust covers the San Miguel house.
Inland, no fideicomiso. San Miguel is outside Mexico's restricted coastal and border zone, so most Americans own their homes directly, not through a bank trust. That makes the will the main way your house passes.
Update both after big changes. Marriage, divorce, a death in the family or selling the house should send you back to both lawyers.

A US estate lawyer and a Mexican notario can check your situation. This is general information, and it's worth paying for one coordinated review instead of two documents that pull in different directions.

Will month: the September (and October) discount

Every year, notaries across Mexico cut their will fees during September, the Mes del Testamento. Guanajuato's version, run by the state government and the Colegio Estatal de Notarios, was called "Testamento de la Gente" in 2026 [2].

Dates in 2026: September 1 through October 31 [1][2]. Most other states stopped on September 30 [2].
Price in 2026: a single fee of MXN 3,500 (about USD 185) at participating notaries, compared with roughly MXN 5,000 to 9,000 (about USD 265 to 480) the rest of the year [1].
How: in person only, at a participating notary, with an appointment booked early, because offices fill up toward the end [2].
Who: the 2026 campaign spoke of any adult, with or without registered property [2]. The coverage didn't mention foreigners either way, so ask the notario whether the campaign price applies to your case.

The 2026 campaign has ended. If the state repeats it, the next window should open in September 2027. Watch the local press in August and book as soon as dates are announced. If your will is simple, waiting a few months for the discount is a no-brainer; if you've just closed on a house, don't wait.

The US side of the ledger

Estate and gift tax

The US taxes the estates of citizens on their worldwide assets, so your San Miguel house counts toward your US estate. The basic exclusion is USD 13,990,000 for deaths in 2025 and USD 15,000,000 for deaths in 2026, after Congress raised it [4]. The annual gift tax exclusion is USD 19,000 per recipient in both 2025 and 2026 [4]. Most retirees here will never owe US estate tax, but your executor may still have filing duties. A US expat tax preparer (or lawyer) can check your situation.

When an American dies in San Miguel

The consulate helps, but doesn't settle estates. The US Consulate can help forward personal effects and, where there's no next of kin in Mexico, take an inventory of items like documents and jewelry [3].
The Report of Death Abroad. The consulate issues a Consular Report of Death Abroad based on the Mexican death certificate. It works as a US death certificate for insurance, banks and US courts. The family gets 20 copies free; extra copies cost USD 50 each [3].
Things move fast. Mexican authorities often expect burial or cremation within about 24 to 48 hours [3]. Leave written wishes, and make sure someone local knows them.
SSA and Medicare need to be told about the death. Survivors may have benefits to claim.

A checklist for this month

List what you own in Mexico and in the US.
Pull out your US will or trust and check its revocation clause.
Book a notario, or put a note in your calendar for September 2027.
Name an albacea who can get to San Miguel.
Tell family where both wills are kept.

Other retirees in town have been through this and can tell you which notaries explain things patiently in English. Ask in our community group for Americans in Mexico.

A Mexican will in San Miguel de Allende: why your US will isn't enough