Probate in Oaxaca 2025: Intestate vs Testate - Cost and Timeline
Probate in Oaxaca: inherit without breaking the family
Without probate in Oaxaca, house and accounts don't pass to children — even if "everyone knows it was Dad's". Without will: 10-year claim window but fights start in 10 days.
Intestate (no will) identifies heirs, appoints executor, inventories, awards. 6-12 months uncontested, 12-18 contested. Costs $18k-$45k. Testate faster (4-8 months). Filed at Civil-Family Courts.
Free consult — WhatsApp 951-615-3010. Send "PROBATE + death certificate + will status".
Intestate vs Testate
| Intestate (70% in Oaxaca) | Testate | |
|---|---|---|
| When | No will | Notarized will |
| Judge does | Determines legal heirs: children+spouse, then parents | Validates will, respects wishes |
| Time | 6-12 months | 4-8 months |
| Cost | $18k-$35k | $15k-$28k |
Requirements
Intestate: death certificate, birth/marriage certs of heirs, property deeds/tax, ID, negative will certificate (we get).
Testate: plus original will.
Photos via WhatsApp enough for diagnosis.
Stages (4 sections)
- Heir declaration (8-12 weeks) — petition + edicts 3×, judge declares heirs + executor
- Inventory & appraisal (4-6 weeks) — executor lists + values
- Administration — executor manages, pays tax, accounts
- Partition & award (4-8 weeks) — judge awards + notary deed
No unanimity needed — notified heirs in default, case continues.
Cost 2025
| Scenario | Fees | Rights | Total |
|---|---|---|---|
| Simple intestate (1 house, 2-3 heirs) | $18k-$28k | $3k-$6k | $21k-$34k |
| Complex/contested (3+ props) | $28k-$45k | $5k-$10k | $33k-$55k |
| Testate | $15k-$25k | $3k-$5k | $18k-$30k |
In 3 payments. Notary 1.5-3% separate.
If no deed: probate over possession, then usucapión.
FAQ
Do all heirs need to sign? No — jurisdictional, goes in default.
Inherit without deed? Yes, possession, then usucapión.
How long to claim? 10 years, but problems start in 30 days.
Start today
📱 WhatsApp 951-615-3010 — send "PROBATE" today.
Do you need advice on this topic?
Schedule a consultation to analyze your specific case in Oaxaca de Juárez with absolute confidentiality.
Schedule Consultation