Consular will: how to process it at the Mexican consulate in the U.S.

Process your consular will without leaving the United States

The consular will: how to process it at the Mexican consulate in the U.S. is one of the most frequent questions among the Mexican community living abroad who have assets, properties, or family members in Mexico. The good news is that any Mexican general consulate in the United States can act as a notary public for this procedure, in a manner fully valid under Mexican law. In this article we explain the process step by step, the requirements, the costs, and what you should know before requesting your appointment.

What is a consular will and what is it for?

The open public will granted before a Mexican consul is a strictly personal, revocable, and free act by which a person expresses, without any form of coercion, their wishes regarding the disposition of their assets upon death. The consular officer acts in their capacity as a notary public, so the document has full legal validity in Mexico without the need for an apostille or legalization.

One key point: this procedure applies only to assets located in Mexico. If you have properties in the United States, it is recommended that you consult a U.S. attorney to draft a will under local legislation.

Requirements to process a will at the Mexican consulate

Although each consulate may have slight variations, the general requirements are as follows:

Identity and marital status documents

• Valid official photo ID with signature: Mexican passport, consular ID card (matrícula consular), or voter registration card. If you present a U.S. ID (state driver's license or ID), verify that your full name appears exactly as it does on your birth certificate.
• Original birth certificate (and two copies at some consulates).
• Marriage certificate, if you are married.
• Divorce decree or judgment, if applicable.
• Spouse's death certificate, if applicable.
• Naturalization certificate or nationality declaration, when applicable.

Information you must bring in writing

• Full names of your parents.
• Full name of your spouse, and the date and place of your civil marriage and/or divorce.
• Full names of all your children, with the place and date of birth of each one (even if they are not heirs).
• Full name of the person you designate as executor and substitute executor, if applicable.
• Full names of the heirs and the share corresponding to each one.
• List of the assets to be inherited and their location in Mexico (this is not necessary if you designate a universal heir or if you divide the assets into equal shares).
• Copy or original of property deeds, if available.

Special circumstances

• If the testator does not speak Spanish, cannot read, or cannot sign, they must be accompanied by an interpreter or reader who is over 18 years old, is not a family member or heir, and holds a valid official ID.
• If the testator is deaf or visually impaired, two attendance witnesses with valid official ID are required. These witnesses may not be family members.
• If you are unable to travel to the consulate due to health reasons or advanced age, consular staff may visit your home. Please check this option directly with your nearest consulate.

Steps to schedule your appointment and submit your will

1. Schedule your appointment

The process begins by requesting an appointment through the MiConsulado system at citas.sre.gob.mx or by calling 1-424-309-0009. Some consulates, such as the one in Seattle, require you to first send your complete file by email for review before assigning you a date.

2. Submit your prior request (if the consulate requires it)

Certain consulates — such as those in Washington D.C. or Seattle — ask that you send your application and scanned documents at least 48 hours before the appointment, in a single PDF file. Please check the notarial services email address for your specific consulate.

3. First visit: drafting the document

At your first appointment, the consular officer will conduct a private interview to verify that you are expressing your wishes freely. The document is drafted at that time.

4. Second visit: signing and collection

At most consulates, the will is not delivered on the same day. Delivery times range from 4 to 10 business days depending on the location, and the document will only be handed over to the person granting it or to someone expressly authorized by them.

Cost of the procedure

Consular fees vary by location and are updated periodically. As a reference, the Consular Section of the Mexican Embassy in Washington D.C. lists a cost of $451 USD for Mexican citizens, with a 50% discount on the first will granted. To find out the exact fee at your consulate, check the Consular Fees section on its official website or write to the corresponding notarial services email address.

Is it the same as a notary in Mexico?

Functionally, yes. The Mexican consulate exercises notarial functions recognized by Mexican legislation, so a will granted before the consul carries the same validity as one signed before a notary public on Mexican territory. The main difference is that the consul can only certify acts that will take effect in Mexico, while a notary public in Mexico has a broader scope of action in terms of the types of documents they can handle.

Frequently asked questions

Can a will be made at the Mexican consulate?

Yes. All Mexican general consulates in the United States have the authority to grant open public wills in their capacity as notarial services offices. The document has full validity in Mexico without an apostille and can be processed with a prior appointment.

What are the 3 types of wills?

Under Mexican law, there is the open public will (the most common, granted before a notary or consul), the closed public will (the testator delivers a sealed envelope to the notary), and the holographic will (written, dated, and signed entirely by hand by the testator). The consulate only processes the open public will.

How do you make a valid will without going to a notary?

In Mexico there is the holographic will, which must be written entirely by hand, dated, and signed by the testator, and deposited with the Archivo General de Notarías. However, from the United States the safest and most practical option is to go to the Mexican consulate, which acts as a notary and guarantees the validity of the document.

Is a will made in the United States valid in Mexico?

A will granted before the Mexican consulate in the U.S. is valid in Mexico, since the consul exercises notarial functions recognized by the SRE. A will drafted solely under U.S. laws may create complications when inheriting assets in Mexico, so it is recommended to process it at the consulate if the assets are located on Mexican territory.

Is a Mexican will valid in the United States?

A Mexican will — whether made in Mexico or before a consulate in the U.S. — protects assets located in Mexico. For assets on U.S. soil, you will need to make a separate will with an attorney in the U.S., as those assets are governed by the laws of the state in which they are located.

How to contact the nearest Mexican consulate?

To begin your process, the first step is to locate the Mexican consulate in the area where you reside. You can schedule your appointment at citas.sre.gob.mx or call the MiConsulado number: 1-424-309-0009. If you have questions before your appointment, write to the notarial services department of your consulate; each location has its own email address, which you can find in the contact section of your consulate's official website at consulmex.sre.gob.mx.

Remember: a will is one of the most important steps you can take to protect your family. Do not put it off.