Thai Wills & Probate for Foreigners

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

How probate proceeds

1. 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.
2. 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.
3. Publication and hearing: The court publishes notice and hears the petition, allowing objections from other heirs. Uncontested matters commonly conclude in a single hearing.
4. 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.
5. 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.