FAQ’s on Death and Estates Issues in Mexico
Q: What would be the first step to take when an American citizen accompanied by a relative dies of natural causes while visiting Mexico?
A: The first step to take when an American citizen visiting Mexico dies of natural cases is to obtain a Certificate of Death from a doctor who can certify the death.
Q: Can any doctor issue a certificate of death?
A: The instructions to complete a “Certificado de Defuncion” (Certificate of Death) format prepared by the Mexican Health authorities indicate that the certificate must be issued by a doctor, preferably by the treating doctor. If the treating doctor is not available, a doctor can issue the certificate with assistance of a relative who can provide information about deceased’s medical history.
Q: Once a certificate of death is issued, can we proceed with the arrangements to ship the remains back to the U.S.?
A: Once a doctor has issued a certificate it is necessary that the relatives contract the services of a funeral home. The funeral home will obtain the official Mexican death certificate from the Civil Registry Office and a transit permit from the Health Inspection authorities. At this point, the funeral home will contact the “Citizens’ Services Section” at the Embassy to obtain the “Mortuary Certificate” requested by Mexican customs for the shipment of remains and by the U.S. customs office to authorize the interment of remains into the United States.
Q: What is the cost?
A: The cost for the shipment of remains varies depending on the funeral home and the area in the country (from 2,000 to 5,000 dollars on average). Fees usually include collection of remains, embalming, casket, funeral home charges, administrative fees and documentation costs.
Q: Does the Embassy assist the family with the expenses?
A: No. Although various states in the United States have funeral assistance programs in specific cases when the death occurs within the country, if the death occurs abroad the US government cannot assist the family with funeral expenses.
Q: Is it different when the deceased was a veteran?
A: If the deceased was a veteran the Veterans Administration would be the office to contact to inquire about assistance with funeral expenses.
Q: Is there other paperwork necessary besides the Mortuary Certificate?
A: The funeral home will use the Mortuary Certificate at the airport to arrange the shipment of remains back to the U.S. The Embassy will require information from the next-of-kin (or relative) to prepare a document called “Report of Death of an American Citizen Abroad” (RODAC) which is an English-language document that is based upon the Mexican death certificate. It can be offered as proof of death in most legal proceedings in the United States. If required, the Embassy can issue the RODAC the same day that the Mortuary Certificate is requested.
Q: Will it be different if the family decides to have the remains cremated?
A: The process is basically the same. The cost for the shipment of remains is different than the cost for cremation, which may vary from 1,000 to 5,000 pesos (fees usually include cremation, collection of ashes, certification, and documentation costs). The U.S. Customs office does not require that a Mortuary Certificate be issued for the returning of cremated remains into the United States, nor the Mexican customs office. So, if the family decides to hand carry the ashes, the would only need to make sure that they have at hand the following documents:
- Official Mexican death certificate (issued by the Civil Registry Office)
- Cremation Permit (issued by the Mexican authorities)
- Cremation Certificate (issued by the funeral home)
If required, the Embassy can issue the RODAC right away so that the family can keep it together with the documents mentioned above.
Q: What will be the procedure if the deceased is unaccompanied?
A: Usually, in the case of the death of an American citizen traveling alone, the death is first reported to the local district attorney (Ministerio Público) who, by Mexican law, has to report the death to the Embassy. When the death occurs in a hotel or in a hospital, the death is reported to the Embassy and the Mexican authorities almost at the same time. Deceased’s remains are taken to the forensic service under the custody of the Ministerio Público, who opens a “Homicide” investigation file (Averiguación Previa) of the case. The case will be considered a homicide until the investigation proves the contrary. The Minsterio Público will request that an autopsy be performed by a forensic doctor to determine the cause of the death.
Q: What will happen when a relative is located?
A: The Embassy will ask the next-of-kin if it is possible for the family to come to Mexico to identify their relative. If a relative can come to Mexico to take care of the funeral arrangements, the Consular Officer will assist him/her during the process.
Q: Can the Embassy assist the family if none of them can come to Mexico to identify the deceased?
A: Yes. If it is not possible for the family to come to Mexico, the first thing for the next-of-kin to decide is what would be the disposition of the remains (burial or cremation). The Embassy will provide the family with a list of funeral homes in Mexico so that they have a reference. Once the family has chosen a funeral home and made payment arrangements with them directly, a Consular Officer will start working together with the funeral home agent to complete the necessary process according to the next-of-kin instructions. Most likely, the consular officer will be able to receive deceased’s personal effects from the Mexican authorities and will also dispose of them according to the next-of-kin’s instructions. Sometimes, the family states their interest in recovering sentimental value items (which are inventoried) and request that other effects be donated to local charity.
