Probate & Estate Administration in Thailand

Why Thai estates go through court even when there is a will

Under the Civil and Commercial Code the estate of a deceased person vests in the heirs, but the practical machinery of collecting and transferring it runs through an estate administrator appointed by the court. Thai banks, the Land Department and the Department of Business Development will not act on a will alone; they act on a court order appointing an administrator and, where relevant, on that administrator's instructions.

This is the point that surprises most foreign families. A clear, valid will does not avoid probate in Thailand; it determines who inherits and often who is appointed, but the appointment itself still comes from the court. Where there is no will, the Code's statutory classes of heirs apply in order, and the surviving spouse takes a share alongside the class that inherits.

The application is filed with the court having jurisdiction over the deceased's domicile or the location of the estate. It is a non-contentious application unless an heir objects, in which case it becomes a contested matter and the timetable lengthens considerably.

What the court will want to see

How we handle an estate administration

1. Estate discovery: We identify Thai-situs assets: bank accounts, condominium units, leasehold interests, company shares, vehicles and insurance proceeds, and we establish which of these actually require the court order.
2. Heir mapping under the Code: We set out the statutory classes and the spouse's entitlement, or the will's dispositions, so the family understands the outcome before costs are incurred.
3. Foreign-document chain: Death, marriage and birth certificates issued abroad are legalised and translated for filing. This is frequently the longest leg and we start it first.
4. Petition and hearing: We prepare the petition, arrange service and publication as directed, and appear at the hearing. Uncontested applications are usually resolved in one or two hearings.
5. Post-order execution: With the order in hand we deal with the banks, the Land Department and the company registrar, and prepare the accounting the heirs are entitled to see.

Foreign heirs and Thai property

A foreign heir may inherit a Thai condominium unit, but registering ownership still depends on the building's foreign-ownership quota and on the foreign-currency evidence rules that apply to foreign ownership. Where the quota is full, the practical outcome is a sale and distribution of proceeds rather than registration in the heir's name.

Thai land is different again. A foreign heir generally cannot register ownership of land and is expected to dispose of the interest within the period the Land Code allows. We advise families on this at the outset, because the alternative is discovering the constraint months into an administration that assumed a different outcome.

Inheritance tax under the Inheritance Tax Act applies only above the statutory threshold per heir, so most estates we administer fall below it. Where an estate approaches the threshold we obtain valuations early, since the filing obligation runs from the heir's receipt of the inheritance and is not deferred by the pace of the administration.

Common mistakes and how we avoid them

More questions we are asked

How long does an uncontested Thai probate take?

Where documents are in order, commonly a few months from filing to order, with additional time for bank and Land Department execution afterwards. Contested matters take substantially longer.

Can a foreigner be appointed administrator?

Yes, subject to the court's discretion and the applicant's capacity. Practical difficulties arise where the administrator cannot attend Thailand, which is why a Thai co-administrator is often nominated.

What happens if there is no will?

The Code's statutory classes of heirs apply in order, with the surviving spouse taking a share alongside the class that inherits. The court still appoints an administrator.

Do joint bank accounts pass outside the estate?

Not automatically. Thai banks typically freeze accounts on notice of death and release funds against the court order, regardless of joint titling.