Albacea (Estate Executor/Administrator)ahl-bah-SAY-ah
Albacea is the estate executor or administrator appointed in a will or by a court to manage and distribute a deceased person's estate in Mexico, acting as the legal representative of the succession while it remains undivided. The role is governed by the Federal Civil Code, Book Three, Title Five, Chapter IV, Articles 1679 to 1749.
By Daniel Ortega · Last reviewed 6 November 2026
How it works
The albacea presents the will, secures estate assets, prepares inventories, administers property, renders accounts, pays estate-related debts and coordinates distribution of assets among heirs. For foreign owners of Mexican property, the albacea handles the transfer of real estate title—including fideicomiso rights—from the deceased to heirs, working with a notario público to formalize the succession. The albacea must complete the estate administration within one year from acceptance of the role or from the resolution of any will contests. Heirs may grant one extension of up to one additional year for justified cause, provided the albacea's annual accounts have been approved and at least two-thirds of heirs agree. If the testator did not specify compensation, the albacea receives 2 percent of the net liquid value of the estate and 5 percent of any industrial income generated by estate assets (Federal Civil Code, Art. 1741). When no will exists (intestate succession), an albacea is designated to oversee the property and prevent use by claimants during proceedings; the family typically votes to choose the albacea, or a notario or judge appoints one if no agreement is reached.