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Thai Wills & Probate for Foreigners
Bilingual will drafting and probate representation — protect your Thai-situs assets and spare your heirs a 12-month cross-border probate.
Quick Answer
Foreigners with a condo, Thai bank account, vehicle, or business interest in Thailand should hold a separate Thai will in both languages. On death, our executor team files probate at the asset-situs court and obtains the Grant of Administration in 4–8 months. Will: from a fee quoted after review. Probate: from a fee quoted after review.
Typical Thai-situs assets
- Condominium unit (freehold in foreigner's name — Condominium Act §19)
- Thai bank accounts (savings, fixed deposit) and mutual funds
- Vehicles, motorbikes registered at DLT
- Shares in Thai limited company
- 30-year leasehold interests
- Personal effects, jewellery held in Thailand
FAQ
- Do I need a Thai will if I have a will in my home country?
- Yes, strongly recommended. Foreign wills are recognized in Thailand only after probate translation, legalization, and re-probate in a Thai court — a costly, slow process. A separate Thai will for Thai-situs assets (condo, bank, vehicle) bypasses this entirely.
- What types of Thai wills are valid?
- Section 1656–1672 CCC recognizes: (1) ordinary written will with 2 witnesses, (2) holographic will (handwritten by testator), (3) public document will (at Amphur), (4) secret document will, and (5) oral will in imminent danger. We prepare types 1 and 3 most often for foreigners.
- How does probate work?
- Executor files petition at the Thai court where assets are located → court publishes notice → hearing → issuance of Grant of Administration (คำสั่งตั้งผู้จัดการมรดก) in 4–8 months. Executor then transfers title deeds, closes bank accounts, and distributes to heirs.
- Cost?
- Fees depend on the documents, destination and urgency. Send your documents for a written quote after review — no prices are published. Any government or embassy fees are set by the authority; verify them directly before filing.
Contact: 083-2494999 · LINE @NYC168 · contact@nyclegal.co.th
Why a separate Thai will exists alongside a home-country will
Thai succession is governed by Book VI of the Civil and Commercial Code. A will made abroad is not void in Thailand, but using it requires proving the foreign document and, in practice, translating and legalising it before the Thai court will act on it. That adds months to a process the family is already navigating from another country. A short Thai will limited to Thai-situs assets, expressly stating that it does not revoke the home-country will, removes that layer entirely.
The revocation clause is the detail that matters most. Two wills each purporting to revoke all prior wills produce exactly the dispute the second will was written to avoid. Each instrument should be limited by jurisdiction and asset scope, and the two should be drafted knowing about one another.
Forms of will recognised in Thailand
| Form | Code reference | Practical assessment |
|---|---|---|
| Ordinary written will with two witnesses | s.1656 | Most common; witnesses must not be beneficiaries or their spouses |
| Holographic will | s.1657 | Entirely handwritten, dated and signed by the testator; no witnesses required |
| Public document will at the Amphur | s.1658 | Registrar records the testator's declaration; strong against later authenticity challenges |
| Secret document will | s.1660 | Sealed and delivered to the registrar; rarely used in practice |
| Oral will in exceptional circumstances | s.1663 | Only where imminent danger prevents the other forms; short validity |
How probate proceeds
- Identify the competent court: The court where the deceased was domiciled or where the estate is situated; for most foreign estates this is where the condominium or the bank branch is located.
- Petition for an estate administrator: The named executor, or an heir where there is no will, petitions the court. A death certificate, proof of relationship and an asset schedule are filed with the petition.
- Publication and hearing: The court publishes notice and hears the petition, allowing objections from other heirs. Uncontested matters commonly conclude in a single hearing.
- Grant of administration: The court order appointing the administrator is the instrument banks, the Land Department and the DLT act on. Nothing transfers before it issues.
- Collection and distribution: The administrator collects assets, settles debts, and distributes according to the will or the statutory order, then accounts to the heirs.
Assets that need specific handling
- A condominium unit held under Condominium Act section 19 — foreign heirs must qualify in their own right, otherwise the unit is disposed of within the statutory period
- Land held through a leasehold — leases generally end on death unless the contract expressly provides for succession
- Thai bank accounts, which freeze on notification and release only against the grant
- Shares in a Thai company, where the articles may restrict transfer to heirs
- Vehicles registered with the DLT, transferred on the grant plus the registration documents
Common mistakes and how we avoid them
More questions we are asked
- Does Thailand recognise my foreign will?
- It can be given effect, but proving a foreign instrument requires translation, legalisation and additional court steps, which is precisely what a separate Thai will avoids.
- How long does probate take?
- An uncontested petition commonly takes several months from filing to grant, depending on the court's list; contested matters take substantially longer.
- Can my heirs deal with the bank without a court order?
- Generally no. Banks release funds against the grant of administration, not against the will alone.
- Is a lawyer required to make a will?
- Not legally, but the witness rules, the revocation clause and the interaction with a foreign will are where home-made wills most often fail.
- Is there inheritance tax in Thailand?
- Inheritance tax applies above a statutory threshold under the Inheritance Tax Act, with rates depending on the relationship to the deceased; most modest estates fall below it.
- Can a foreigner be the administrator?
- Yes. The court appoints on suitability, though a Thai-resident co-administrator often makes collection of assets far more practical.
Knowledge bases behind every service
3,057 answered questions written by our lawyers and translators, grouped by service. Free to read, no sign-up.
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Official sources
The information on this page follows the official sources below. Always check the latest version before you file.
- Department of Consular Affairs — document legalisation— Ministry of Foreign Affairs
- Immigration Bureau — visas, 90-day reporting, TM.30— Immigration Bureau
- Department of Provincial Administration — civil & family registration— Department of Provincial Administration
- Lawyers Council of Thailand — Notarial Services Attorneys— Lawyers Council of Thailand
- Office of the Council of State — Thai law database— Office of the Council of State
Related services
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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.