Thai inheritance law governs the succession and distribution of assets after a person's death. The estate is then divided among the legal heirs or those named in the will. Transferring assets in Thailand after death requires a court order proving that the recipient is a legal heir or has been named in the deceased's will. If someone in Thailand does not leave a will, Thai inheritance law applies and distributes the estate among the legal heirs.

Estate settlement

Probate involves managing the assets of a deceased person. It is crucial because it protects the assets of the heirs and ensures that they are distributed to their legal heirs according to the deceased's will. To receive your legal share of the inheritance, you must provide the probate court with the relevant documentation.

Asset transfer upon death in Thailand

To transfer assets in Thailand upon death, a certificate of inheritance from the Thai probate court is required. Assets can be transferred either by will or according to the statutory rules of inheritance. In both cases, the transfer only takes place after approval and issuance of a corresponding court order.

Classes of legal heirs in Thailand

If a person dies in Thailand without a will, Thai inheritance law applies. According to Article 1629 of the Thai Civil and Commercial Code, the legal heirs of a deceased person can be divided into six classes, who can inherit in the following order:

  • Thoroughbred siblings
  • Half-siblings

    • In addition to these six classes of legal heirs, the deceased's assets are also distributed to the deceased's surviving spouse in accordance with section 1635 of the Act.

    Inheritances from foreigners in Thailand

    Many people wonder if foreigners can inherit in Thailand. According to Article 1639 of the Inheritance Law, a foreigner can inherit from their spouse, who is a Thai citizen. According to Article 93 of the Real Estate Law, a foreigner who inherits real estate in Thailand can only take possession of it after approval by the Minister of the Interior. It should be noted that the foreigner's share of the inheritance may not exceed the limits set forth in Article 87 of the Inheritance Law.

    Foreign court rulings

    Matters concerning foreigners and their estates are frequently heard in Thai courts. Foreigners often cite foreign court rulings in these cases. However, it is important to note that foreign court rulings are not enforceable in Thailand, but can serve as evidence in probate proceedings.

    Foreign wills in Thailand

    Unlike foreign judgments, foreign wills can be executed in Thailand. For a foreign will to be executed in Thailand, it must comply with Thai law.

    Death of a foreigner in Thailand

    When a foreigner dies in Thailand, the relevant authorities notify the embassy, ​​which in turn informs the deceased's relatives. The relatives then appoint a lawyer to initiate probate proceedings in Thailand so that the assets can be divided among the heirs.

    Probate proceedings in Thailand

    Generally, after a person's death in Thailand, probate proceedings are initiated in accordance with Thai law. These proceedings serve either to open a will or to settle the estate if no will exists. It should be noted that probate proceedings can vary depending on the individual case. The most common procedure for settling an estate is described below:

  • Fact-finding: First, the client and lawyer discuss all components of the deceased's estate and check whether a will exists. The lawyer identifies the deceased's heirs, any debts, and gathers all relevant information about the estate's assets.
  • Drafting and filing an application to open probate proceedings: To initiate probate proceedings, the lawyer must file an application with the court on behalf of their client, either for the opening of a will or for estate administration. After the application is filed, the relevant parties will be notified.
  • Hearing before the Thai Probate Court: Once all relevant notifications have been sent to the parties involved in the probate proceedings, the Thai Probate Court will schedule a hearing for the applicant. At this hearing, the applicant will give a sworn statement regarding the deceased and their estate. Following the hearing, the court will appoint an administrator who is authorized to validate the deceased's will or administer their estate.
  • Transfer of ownership: Once it has been proven that the parties involved are the rightful heirs of the deceased, or that a descendant has left a share of their estate in the name of the deceased, the executor of the estate can begin drawing up new deeds to transfer ownership to the heirs. This occurs if no objections are raised during the hearing process. However, in cases such as divorce, murder, debt disputes, or invalid probate documents, etc., the process is often complex and time-consuming.

    • Lawyer specializing in inheritance law in Thailand

    Siam Legal is a law firm in Thailand offering various services to protect the rights and interests of foreigners in Thailand. Should you have any questions or problems related to inheritance matters that need to be resolved, our team of Thai inheritance and real estate lawyers invites you to contact us via the link below:

    LIVE SUPPORT

    CALL

    CHAT

    Chat with our employee