Probate and Succession

Probate and Estate Administration Services for Wills in Thailand

When someone passes away in Thailand without a last will and testament, Thai inheritance law dictates that their possessions and assets are distributed among “statutory heirs.” However, if a will is present, an estate administrator is appointed to ensure that the estate is distributed to beneficiaries in accordance with the deceased’s wishes. If this administrator is not specified in the will, an heir or creditor of the deceased can petition the court to appoint one.

To avoid the Thai courts arbitrarily distributing the deceased’s assets, inheritors will require the services of a Thai probate lawyer. This will ensure that a suitable administrator is appointed, all of the deceased’s assets are accounted for, and that the estate can be legally transferred to the correct beneficiaries.

This page covers Thai inheritance law, probate procedures, and the importance of estate administration services in Thailand.

What happens if someone dies in Thailand without a will?

According to Thai inheritance law, when someone passes away in Thailand and a last will and testament is not present, their estate is automatically distributed to statutory heirs. There are six classes of statutory heirs:

1. Descendants (children)
2. Parents
3. Brothers and sisters of full blood
4. Brothers and sisters of half blood
5. Grandparents
6. Uncles and aunts

All of the deceased’s estate will be divided amongst members of the highest class, and members of subordinate classes are not entitled to any portion of the estate. If there are no living members of a class, the estate will be divided amongst all the surviving members of the next class.

For example, if a person dies and has two living children, they will each receive half of the deceased’s estate regardless. The parents, brothers and sisters, etc. will receive nothing. However, if a person dies and has no children, the entire estate will be divided amongst their parents. If there are no living parents, the estate goes to their siblings, and so on.

A surviving legal spouse is treated as a descendant (class 1), so they will get a share of the estate equal to those given to surviving children. For example, if a person dies and is survived by a legal spouse and two children, the estate is divided three ways.

If no will is in place when an estate is being divided, a court-appointed administrator will decide which assets will be distributed to whom, and if applicable, how such assets will be liquidated in order to be divided.

It is for these reasons that anyone with assets in Thailand should create a legally binding last will and testament to ensure their estate is distributed in accordance to their wishes. Similarly, heirs wishing to avoid this arbitrary division of assets should enlist a Thai probate lawyer to petition the court to appoint an estate administrator to handle the asset division in accordance to the heirs’ wishes.

Typically, an estate administrator will not be required if the estate in question is comprised of personal possessions such as furniture, clothes, jewelry, or electronics. However, things can get more complicated if an estate is comprised of titled property like land, houses, cars, guns, or a significant bank deposit since this will necessitate the involvement of government or bank officials. These officials are very unlikely to allow changes on the titles or the control of property in the absence of a court order appointing an administrator.

Appointing an Estate Administrator in Thailand

If no estate administrator is named in the deceased’s will or there is no will, a petition can be filed to the court to appoint one. Persons eligible to file this report with the assistance of their lawyer include:

• An heir
• An “interested person”
• A public prosecutor

The estate administrator nominated by the petition does not need to fall into one of the above categories, but they must not be a minor, incapacitated or mentally unfit, or insolvent. By working with a Thai probate lawyer to create an appropriate and legally sound petition to the court, an inheritor can ensure the appointment of an estate administrator who will act in accordance with their wishes.

The petition must be filed with the provincial court that has jurisdiction over the area where the deceased is domiciled at the time of their death. If the deceased is domiciled abroad, the petition must be filed with the court that has the relevant jurisdiction over the area where the estate is located.

Once the petition is filed, the court will set a hearing to examine the facts presented by the petitioner. If satisfied with the evidence presented, the judge will render an order appointing an administrator. This process usually takes approximately 3-4 months. However, if a petition is contested, meaning that another interested person disagrees with the petition and files a response accordingly, the process can take significantly longer.

Why You Need a Probate Lawyer and Estate Administration Services in Thailand

As detailed on this page, the probate and estate administration process in Thailand is complex and lengthy, and all procedures are conducted in Thai. If you are an inheritor to an estate or believe that you should be, ensuring that you get what you are entitled to and that the estate is distributed in accordance with the deceased’s wishes can be difficult and stressful.

But if you partner with the expert Thai probate lawyers at Siam Legal, you can experience a smooth succession process, prevent lengthy court procedures, and inherit what is rightfully yours. You may even discover that you are entitled to more than you previously thought.

Siam Legal is a full-service law firm that’s been in operation for over 20 years helping foreigners in Thailand with all manner of legal needs. We have dedicated probate lawyers on staff with the knowledge and expertise you need to resolve your estate situation swiftly and successfully.

Here are the ways that Siam Legal’s team can provide valuable assistance with the probate process in Thailand.

Expert Knowledge and Guidance on Thai Probate Procedures

Siam Legal’s experienced and bilingual lawyers will explain your options and recommend the best course of action based on your unique situation and goals. They will also walk you through the court procedures and keep you appraised of what is happening with the estate in question. This way you can make informed decisions and can achieve your goals without getting lost in the court procedures.

Getting Everything You Are Entitled to and Possibly More

As explained earlier, without a will in place, the Thai court will arbitrarily divide and distribute the deceased’s estate. If you want to prevent this from happening, Siam Legal’s probate lawyers will assist you with drafting a petition to the court to get an estate administrator of your choice appointed to act as a kind of executor for the estate.

We will gather evidence and argue your case in front of the probate court so that you have the maximum chances for approval. One of our lawyers can also act as the estate administrator if you wish, which will greatly help your case.

Our team has significant experience acting in the estate administrator role and will deal with banks, the land office, and any other institution with jurisdiction over large assets and titled property in the deceased’s name.

Not only will Siam Legal’s lawyers facilitate the transfer of this property to you and other qualifying heirs, but we will also explore the deceased’s records and inquire with the relevant institutions to discover previously unknown assets. If there is property or funds that were left out of the will or simply never brought to your attention, Siam Legal has the best chance of finding it and ensuring it is distributed appropriately.

Facilitate the Sale or Liquidation of Assets

If you are unable or unwilling to receive some parts of the estate such as land, vehicles, or other titled property in Thailand, our legal advisors will work with you to find a solution. We can help mediate the distribution of this property with other heirs, or provide guidance on selling or otherwise liquidating these assets to make your inheritance portable.

This is especially helpful if you do not reside in Thailand and thus cannot take ownership or benefit from your inheritance.

Advise on Taxes and Encumbrances

Our many expert legal teams include tax advisors who are well-versed in both local and international tax law. So if there are unresolved tax issues or debt associated with the estate, we can help you find a resolution. We can help with the sale of other components of the estate to settle any outstanding debts or otherwise deal with these encumbrances.

If you are liquidating assets to be taken out of Thailand, we can also advise on the associated taxes and any transfer issues. If this requires funds to be put into escrow, Siam Legal is equipped to provide these services as well.

Recognition of a Foreign Court Order or Will in Thailand

Thailand’s inheritance laws differ greatly from probate and estate administration laws in other countries.

Thai government authorities do not recognize court orders rendered by foreign courts and, therefore, will not allow a beneficiary to make any title transfer of assets on the authority of such an order. If the deceased leaves behind assets in Thailand, you as a beneficiary would need to file a petition to appoint an administrator with the Thai court in order to acquire them, regardless of whether a foreign court order has named you the inheritor.

Similarly, most wills drafted under the provisions of foreign law are acceptable in Thai courts, but things get complicated if the terms of the will conflict with existing Thai law. You may also run into difficulties enforcing a foreign will when it comes to immovable assets located in Thailand, such as real estate, and if your claim is determined to be weak it may not be enforced at all.

As a law firm with decades of experience and leadership that includes American lawyers, Siam Legal has the knowledge of both Thai and foreign legal systems to help you navigate this complex situation and reach a favorable outcome.

Expert Probate Lawyers and Estate Administration Services in Thailand

If you’re dealing with the estate of a relative or acquaintance in Thailand, contact Siam Legal for expert guidance in this difficult time. We understand that the last thing you want to do is get tied up in a foreign court system, so we’ll go the extra mile to ensure that you experience a swift and favorable resolution to your probate situation so that you can move forward.

Partner with Siam Legal’s expert probate lawyers so that you can honor the deceased’s wishes and smoothly acquire the assets that you are entitled to.