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Home / Probate

Probate & Estate Administration in Thailand

Estate Administrator petitions, intestate succession, foreign-will recognition, and Land Office transfers.

Quick Answer

Heirs must petition the court for an Estate Administrator Order (Sec. 1713 CCC) before banks, DLT, DBD, or the Land Office will release assets. Uncontested probate takes 4–8 months; from THB 45,000 plus court fees.

Services

  • Estate Administrator petition (Sec. 1713 CCC)
  • Intestate succession advice
  • Foreign will translation + recognition
  • Foreign probate grant legalization
  • Bank account release (BBL/K-Bank/SCB/KTB)
  • Land Office title transfer to heirs
  • Condo Juristic Person notification
  • DBD company-share transfer
  • Inheritance tax filing (5%/10% > THB 100M)
  • Heir dispute litigation

FAQ

How does probate work in Thailand?
An heir or named executor petitions the Provincial or Civil Court for an Estate Administrator Order (Sec. 1713 CCC). Once appointed, the administrator gathers assets, pays debts, files inheritance tax (if any), and distributes per the will or intestate rules.
How long does Thai probate take?
Uncontested: 4–8 months from petition to distribution. Contested (heir dispute, foreign will recognition): 12–24 months. Foreign wills require certified translation + MFA-legalized probate grant from home country.
What if there is no will?
Intestate succession (Sec. 1629 CCC): six statutory classes of heirs (descendants, parents, full siblings, half siblings, grandparents, aunts/uncles) plus surviving spouse. Distribution follows fixed shares — the court will not honor informal wishes.
Cost?
Uncontested administrator petition: THB 45,000 + court fees (2% of estate, capped THB 200,000). Full administration including debt settlement, tax filing, and Land Office transfers: THB 120,000–350,000.

Contact: 083-2494999 · LINE @NYC168 · contact@nyclegal.co.th

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

ElementEvidenceCommon complication
DeathDeath certificate; if issued abroad, legalised and translatedForeign certificates arriving without the legalisation chain completed
Relationship of the applicantMarriage certificate, birth certificates, household registrationForeign marriages never registered in Thailand
The will, if anyOriginal instrument with witness evidenceOnly a photocopy survives, requiring proof of the original's execution and loss
Estate inventoryBank statements, title deeds, share registers, vehicle registrationAccounts the family did not know existed, discovered after the order
Heir consentsWritten consents of the other heirs where availableAn heir who is unreachable, which does not block the application but requires service

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

Starting the court application before the foreign documents are legalised
We run the legalisation chain in parallel from day one, since it usually dictates the filing date.
Assuming a will avoids probate
We explain at the first meeting that an administrator's appointment is still required, and we plan the timetable accordingly.
Only a photocopy of the will exists
We assemble witness evidence of execution and of how the original was lost, which the court will require before acting on a copy.
Distributing before the inventory is complete
Distribution follows a complete inventory and settlement of debts; an administrator who distributes early carries personal exposure.

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.

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Frequently asked questions

How does a foreigner register a marriage in Thailand?
The foreign partner first obtains an affidavit of freedom to marry from their embassy in Thailand, has it translated into Thai and legalized by the Department of Consular Affairs, and then both parties register the marriage at any district office (amphoe) with passports and two witnesses. Since the Marriage Equality Act took effect on 23 January 2025, same-sex couples register on exactly the same basis.
Do we need an interpreter at the district office?
Yes in practice — most district offices require that a foreign party who does not read Thai be assisted by an interpreter, and many request that the interpreter present identification and sign the register. Some offices also expect a prenuptial agreement, if any, to be presented before registration, because a prenuptial agreement in Thailand is only valid when registered together with the marriage.
Is a Thai marriage recognized in my home country?
A marriage registered at a Thai district office is generally valid worldwide, but recognition procedures differ: many countries want the Thai marriage certificate and the Kor Ror 2 extract translated, legalized by the MFA and certified by their embassy before it is entered in their civil register. Some countries additionally require registration with their consulate within a set period.
How is a prenuptial agreement made enforceable in Thailand?
Under the Civil and Commercial Code a prenuptial agreement must be in writing, signed by both spouses and two witnesses, and registered with the marriage at the district office on the day of registration — an agreement signed afterwards is void as to property arrangements. It also cannot contradict public order or the rules on parental duties, so the drafting must be Thailand-specific rather than a translated foreign template.

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