Beneficiario Sustituto (Substitute Beneficiary)beh-neh-fee-see-AH-ree-oh soos-tee-TOO-toh
A beneficiario sustituto is a person or entity named in a fideicomiso (bank trust) to automatically receive the beneficial rights to Mexican property if the primary beneficiary dies, as permitted by Article 383 of the Ley General de Títulos y Operaciones de Crédito.
By Daniel Ortega · Last reviewed 7 November 2026
How it works
<p>When a foreign buyer establishes a fideicomiso in Mexico's restricted zone, the trust contract names one or more substitute beneficiaries to inherit the property rights upon the primary beneficiary's death. <cite index="5-8">The substitute beneficiary takes the place of the primary beneficiary in the event of death and acquires all rights arising from the fideicomiso agreement.</cite> <cite index="6-7,6-8">A death certificate duly notarized and apostilled must be presented to the trust bank to make the change to the deed; fees are involved in this process.</cite> <cite index="27-14">Banks usually charge administrative fees for beneficiary changes ranging between USD 300 to 700, depending on the institution and complexity of the amendment.</cite></p><p><cite index="23-4">The bank transfers the rights to designated substitute beneficiaries, avoiding costly juicios sucesorios (probate proceedings) in Mexico.</cite> <cite index="6-9,6-10">If substitute beneficiaries are not named within the deed, the case goes to probate when the primary passes away, a process that can be very lengthy and costly.</cite> Owners should review and update substitute beneficiaries after divorces, births, deaths or marriages.</p>