Legal service for foreign clients
Inheritance, Wills & Probate Lawyer in Thailand
Petition administrator, draft wills, litigate inheritance shares.
Quick answer
Distinguish appointment petitions from inheritance recovery actions. Identify the right claimed, actual or constructive knowledge and possession before calculating limitation. Appointment venue follows domicile at death, or estate location where there was no Thai domicile. The non-contentious petition fee is THB 200. Contact our team for a quotation.
Contact our team for a quotation — Contact our team for a quotation · Timing depends on the court hearing date and any heir objections
Who this is for
- Heirs needing to appoint an administrator
- Individuals writing a will
- Heirs disputing shares
- Foreigners holding assets in Thailand
What you receive
- Petition for estate administrator
- Inventory of estate assets
- Review and prepare the chosen will form, including registrar procedures for public-document wills
- Litigate share disputes / will contests
- Assess authority and handle transfers according to recipient rights and the agreed scope
Documents to prepare
- Death certificate
- House reg + marriage cert + heirs' birth certs
- Will (if any)
- Title deeds, bank books, vehicle registrations
How it works
5-step process
- 1
Map heirs + assets
Verify statutory heirs (§1629).
- 2
Notice + petition
State petition grounds and follow court notice directions, recording actual consents or objections; unanimous heir consent is not assumed necessary to file.
- 3
Hearing + order
Follow court appointments and directions, including any further evidence requirements; neither timing nor outcome is guaranteed.
- 4
Transfer assets
An appointment order does not transfer assets. Check encumbrances, recipient rights and Land Office, bank or transport requirements before each transaction.
- 5
Distribute to heirs
Distribute by will or intestate rules.
In depth
Inheritance, Wills & Probate Lawyer: what foreign clients need to know
Investigate assets, debts and authority when preparing a petition. A preliminary schedule differs from the administrator's statutory inventory; completing that inventory before filing is not a universal prerequisite. We separate appointment evidence from duties timed under sections 1728–1732, rather than treating an order as permission to begin whenever convenient.
Statutory heirs, wills, and the ranking people misread most often
Whether a spouse takes all cannot be answered from marital status alone. Establish entitlements at death, then examine wills, matrimonial property and representation; a list of relatives alive when the petition is filed is not an allocation formula. Check the legal adoption relationship rather than excluding a child simply for lacking a blood relationship.
Distinguish defects in execution from ineffective gifts and check for other surviving wills before deciding how to distribute. An entirely handwritten will has different formalities from an ordinary will, so missing witnesses do not invalidate every form. We examine the original, date, signatures, participant eligibility and testamentary capacity before assessing entitlements.
Prepare petition grounds and evidence for estate administration
Reconcile the death record, heirship evidence and asset identifiers. For name discrepancies, establish identity through change-of-name records or other evidence, then assess correction or explanation to the court. A spelling difference does not invariably require source correction or an adjournment.
Heir consents record positions but do not replace petition grounds or judicial examination. Disclose objections honestly; unanimous consent is not assumed to be a prerequisite to filing. For signatures made abroad, check signature evidence, translation and authentication against the country concerned and the receiving court.
After the order, the real work is transfers and estate debts
Appointment does not transfer assets or make every payment estate property. Check rights, debts, authority and recipient requirements. Review life-policy beneficiaries and contract terms; proceeds do not invariably pass through the estate. Tracking outstanding items is not an assurance of completing every transfer.
Section 1600 includes obligations and liabilities that are not strictly personal to the deceased. Verify the debt's basis, outstanding balance, security and prescription before payment. Section 1601 caps an heir's inheritance liability at the estate property devolving on that heir, while section 1734 confines estate creditors to estate assets. A creditor emerging after distribution does not automatically make the administrator personally liable; assess conduct, duties and any separate liability, including a loan or guarantee signed personally by an heir.
Cost structure: government fees vs professional fees
| Item | Official fee | Professional fee | Note |
|---|---|---|---|
| Uncontested petition to appoint an estate administrator | Court filing and publication fees at the rates of the filing court | Contact our team for a quotation | Scope depends on assets, heirs, documents and the issues requiring judicial inquiry |
| Contested estate case or a dispute over the will | Assess relief and monetary claims; an appointment objection does not automatically impose value-based fees on the whole estate | Contact our team for a quotation | Depends on witness volume and whether testamentary capacity must be proved |
| Post-order asset transfers | Land Office transfer fees and duties according to asset type | Contact our team for a quotation | Confirm representation authority and document checks within the agreed scope |
Three land parcels, heirs in three countries
Situation: Three children in Thailand, Australia and Germany agreed on everything but could not return at the same time
Assessment points: We prepared consent papers for signature before officials in each country with certified translations, and had the Thailand-based child petition
Illustrative example; outcomes depend on the facts and the authority's decision.
A self-typed will missing the required witnesses
Situation: The family held a document the deceased had typed, without the witnesses the form requires
Assessment points: We stated the risk plainly and pivoted to a statutory distribution negotiated to honour the document's intent as far as possible
Illustrative example; outcomes depend on the facts and the authority's decision.
When to act, and when waiting is fine
The bank refuses to release or close the deceased's account
Obtain the bank's refusal grounds and document list, then assess section 1713 grounds or whether other evidence permits the transaction
There is land or a building that must be sold to split the proceeds
Assess sale authority and transfer conditions before committing to a buyer. Not every sale requires an appointment order; verify encumbrances and recipient rights before scheduling
Some heirs cannot yet be contacted
You can still file, but tell the court the truth and keep evidence of your search; never leave an heir off the petition
You are unsure whether the estate owes more than it holds
Begin the liability survey and assess ability to administer promptly. Once in office, track inventory duties and preserve assets rather than waiting for every debt to be known. Assess liability by conduct and applicable law; later discovery of a debt does not automatically create personal liability
Legal references
- PSU Legal Office — Civil Code consolidated through Amendment 25 (2568); estate-text comparison, not confirmation of subsequent enactments
- SBPAC — Council of State text, sections 1608–1619: exclusion, renunciation and descendants; heirship and administration (pre-marriage-equality compilation)
- Royal Gazette — Code Amendment Act No. 24 (2567), sections 64–67
- DOPA — will forms and effects of defects
- South Bangkok Civil Court — estate checklist; confirm receiving-court requirements
- DOL — inheritance registration without an administrator
- DOL — foreign land and condominium ownership manual (September 2020)
- DOL — Land Code sections 86, 87, 93 and 94
Documents in detail
| Document | Issued by | Certification / translation | Validity |
|---|---|---|---|
| Death certificate of the deceased | The district registrar where the death was reported | For a foreign death record, check translation and authentication against the issuing country and court requirements; no single route is guaranteed for every country | Confirm the copy format accepted by the court; elapsed years since death alone do not establish a fresh-copy requirement |
| House registration of the deceased with the name struck off | The local registration office | Check whether the court accepts an applicant-certified copy or requires a registrar-certified extract | Confirm the extract type and issue date required by the court; three months is not a universal statutory validity period |
| Estate inventory with proof of ownership for each asset | Land Department, banks, securities firms, and the transport office depending on the asset | Check rights, encumbrances and relevant account evidence. A death-date balance letter is not mandatory for every petition | Use death-date evidence for entitlement and current records for administration; track subsequent changes |
| Will and any amendment or revocation records | The testator, or the district office for a will made in public-document form | Preserve the original and check evidential requirements. If it is lost or held elsewhere, assess proof before the court; not every will form requires attesting witnesses | Review validity and express revocation or inconsistent provisions; a later will does not necessarily erase every earlier clause |
| Position or consent records of relevant heirs | Signed personally by each heir | Confirm the form and proof of overseas signatures with the receiving court; notarial and embassy routes are not assumed interchangeable | Read whether it only consents to appointment or also purports to surrender rights; the document title does not settle its effect. Check sections 1611–1613 for renunciation, especially for minor heirs. For refiling, verify the nominee and court requirements before reusing it |
Timeline and who does what
| Stage | Owner | Duration | Detail |
|---|---|---|---|
| Map the family tree and the order of entitlement | Handled by our team | Once the documents are complete; the timeframe is stated in the quotation | Section 1627 treats children acknowledged by their father and adopted children as descendants. Verify the relationship and acknowledgement evidence; do not make registered legitimation the only route to inheritance in every case, or equate informal care with legal adoption. |
| Gather documents and value the estate | You provide | Assess asset volume and the institutions holding records | Confirm each institution's documents, requester authority and asset status. Track submission dates and outstanding items without promising a uniform bank turnaround. |
| Petition the court to appoint an estate administrator | Handled by our team | Scheduled after reviewing petition grounds, jurisdiction and evidence | Filed with the court for the district where the deceased was domiciled at death, with notice published to heirs as court rules require. |
| Inquiry hearing and the court order | Depends on the agency | Depends on court scheduling, evidence and objections | Even without an objection, the court examines the grounds and evidence and may require more material. Check certified-order and finality requirements with the court; a single-hearing completion is not promised. |
| Transfer the assets and close the estate | Handled by our team | Depends on encumbrances, recipient rights and agency procedures | Prepare the administration and distribution account and deliver it with relevant documents at least ten days before approval, discharge or an agreement concerning the account under section 1733. An asset receipt is not automatically a blanket release. |
Common pitfalls
An heir withdraws money from the deceased's account after the death but before an administrator is appointed
Notify the bank and preserve statements for an authority and recovery review. Notification does not itself authorize a freeze or unilateral deduction from an heir's share
Filing in the wrong court by relying on the latest household registration rather than the true domicile
Let us confirm the real residence from receipts, tenancy papers, and medical records before we choose the court
Forgetting that some assets carry a charge such as a mortgage, so the estate is divided beyond what really exists
Match mortgage entries, contracts, balances and payment records before allocation. Death does not itself extinguish mortgage security. Apply section 1739 alongside special preferences and security, separating estate liabilities from obligations independently incurred by an heir
Heirs agree verbally, then change their minds, pushing the matter into a partition suit
Check entitlements, capacity and partition requirements under section 1750. Registration remains separate; signatures do not assure immediate transfer
Doing it yourself vs working with us
| Aspect | On your own | With our team |
|---|---|---|
| Completeness of the heir list | Relies on family memory and often misses estranged relatives | Checked against civil-registration records and status confirmations for every person before filing |
| Total elapsed time | Amendments and further evidence may extend proceedings for applicants acting personally or with counsel | Organise evidence around the issues to prove; scheduling and decisions remain with the court |
| Risk of an objection | An heir who was never notified can object and turn the matter into a contested case | Identify entitled persons and follow court notice directions; record actual consents and objections without assuming unanimity |
| Transfers after the order is granted | You visit each institution yourself and meet each bank's own conditions | Coordinate within authority and the agreed scope, tracking outstanding matters. Appointment does not guarantee closure of every asset item |
Official sources
- PSU Legal Office — ไฟล์กฎหมายแพ่งฯ ถึงฉบับที่ 25 พ.ศ.2568 สำหรับเทียบหน้าที่และสิทธิผู้รับมรดก
- SBPAC — ตัวบทกฤษฎีกา ม.1627–1645, 1716–1733, 1748, 1754–1755 (ก่อนแก้ไขสมรสเท่าเทียม)
- Royal Gazette — บทบัญญัติเกี่ยวกับคู่สมรส (มาตรา 64–67) ตามกฎหมายฉบับที่ 24 ปี 2567
- DOPA — คู่มือทะเบียนพินัยกรรม: แบบ พยาน และความเสียเปล่า
- Courts of Justice — สำนักงานศาลยุติธรรม
- DOL — ประมวลกฎหมายที่ดิน ม.86, 87, 93 และ 94
- DOL — คู่มือสิทธิถือครองที่ดินของคนต่างด้าว (กันยายน 2563)
- Department of Provincial Administration — กรมการปกครอง
FAQ
Frequently asked questions
Must heirs pay all deceased debts personally?
Heirship alone does not require paying every debt from personal funds. Section 1601 limits inheritance liability to the estate property devolving on the heir; section 1734 restricts estate creditors to estate assets. Determine whether the obligation passes under section 1600 or is strictly personal and ends at death. A co-borrower's, guarantor's or independently incurred debt needs separate analysis: the inheritance cap does not shield every personal obligation. Section 1735 also requires disclosure of all known deceased assets and debts to the administrator.
No will — how to divide?
Identify estate assets after matrimonial-property and liability assessment. Sections 1629–1630 do not let all six classes inherit together. Surviving parents share as children where descendants or their representatives inherit. Under section 1635 the spouse takes a child's share with descendants; one half where there are parents but no descendants, or the entitled full-sibling class; two thirds with entitled half siblings, grandparents, or uncles and aunts; and the whole estate only where no section 1629 relative class is entitled. Check representation as well.
Does appointment consent surrender inheritance?
Not automatically: examine what was signed. Section 1612 requires an express written renunciation deposited with the competent official, or a compromise agreement. Distinguish appointment consent from renunciation and asset-division agreements. Section 1619 bars renouncing or transferring future inheritance rights in a living person's estate. Have counsel assess the rights and wording before signing.
Can I renounce only debts or later withdraw?
Section 1613 prohibits partial, conditional or time-limited renunciation and makes renunciation irrevocable. It is not a choice to keep assets while rejecting debts. Assess the estate and liability before execution. For a minor or another heir protected by section 1611, the prescribed person's consent and court approval are required; a relative's signature alone does not suffice.
How does disinheritance differ from renunciation?
Section 1608 concerns the deceased's express intention in a will or a writing deposited with the competent official, clearly identifying the excluded heir. Where a will disposes of the entire estate, statutory heirs receiving no benefit are deemed excluded; omission alone is not always disinheritance. Under section 1609, testamentary exclusion is revoked only by will, while an exclusion deposited in writing may be revoked through either section 1608 form. Keep these acts distinct from an heir's renunciation and statutory disqualification.
Can foreigners inherit land?
Separate inheritance entitlement from land ownership. A foreign statutory heir may seek Minister of Interior permission under section 93, subject to section 87 limits including existing holdings. A legatee who is not a statutory heir is outside that route; dual-status recipients should check their statutory-heir entitlement. Where section 94 applies, the Director-General fixes disposal at no less than 180 days and no more than one year—not an automatic year from death. Verify permission and the applicable order with the Land Office.
Recommended will type?
Choose a lawful form according to testamentary capacity and assets. Public-document wills follow registrar and witness procedures under section 1658; notarization does not replace those requirements or make a will immune from challenge.
What are the time limits for inheritance claims?
Section 1754 paragraph 1 sets one year from death, or when the statutory heir knew or ought to have known of the death. A will claim runs for one year from when the legatee knew or ought to have known of their rights under the will. These claims have a ten-year cap from death, subject to section 1748 and assessment of the action. Do not apply this automatically to appointment petitions; appointment does not restart substantive limitation periods.
Does a deceased person's creditor always get a fresh year?
No. Section 1754 paragraph 3 concerns original prescription exceeding one year, imposing one year from when the creditor knew or ought to have known of death, subject to section 193/27 and the paragraph 4 ten-year cap. Check the original period and exceptions too: this is not an extension or revival of expired debt. Where original prescription is one year or less, assess the debt's original rules.
Is possession of undivided estate property an exception?
Section 1748 permits an heir possessing undivided estate property to demand division of that property despite expiry under section 1754. Assess possession and the property concerned; lack of distribution alone does not exempt every heir. Section 1755 restricts pleading the one-year period to heirs, persons entitled to exercise heirs' rights, or estate administrators.
Do estate administration actions use the same deadline?
Section 1733 paragraph 2 limits an heir's action concerning estate administration to five years from the end of administration, not five years from death or an appointment filing period. Classify the claim and verify when administration ended before calculating.
Does the administrator get compensation?
Section 1721 gives no entitlement to estate remuneration unless the will or a majority by number of heirs provides it—not a majority by share value. Court permission is not an exception stated in this section. Distinguish administrator remuneration from expenses and services with a separate legal basis. Contact our team for a quotation.
May an administrator immediately buy estate property personally?
Section 1722 prohibits transactions involving an interest adverse to the estate unless authorized by the will or court. Review authority and actual interests; appointment is not blanket permission to buy personally. Section 1724 binds heirs to acts within authority, but transactions motivated by a third party's provided or promised personal benefit do not bind them unless they consent.
How does creditor recovery change after distribution?
Under section 1737, an estate creditor may enforce against any heir, but must bring the administrator into the action if one exists. Section 1738 permits full recovery from the estate before distribution, subject to available assets and priorities, not unrestricted recovery from everyone's personal assets or a guarantee of payment in full. After distribution, recovery from an individual heir cannot exceed the inheritance that heir received. An heir paying more than their apportioned liability may seek contribution from the other heirs. Verify shares, payment evidence and prescription; distribution does not erase the debt.
Should the first creditor demanding payment be paid first?
Demand order is not payment priority. Section 1739 applies preferential-right rules without prejudicing special preferences or pledge and mortgage security. Its sequence covers common-benefit estate expenses, funeral costs, outstanding taxes, the specified employee wages, necessary daily supplies, ordinary debts and administrator remuneration. The last item does not itself create remuneration entitlement; section 1721 must also be satisfied. Section 1740 separately orders the assets used for payment, unless the deceased or law provides otherwise. Distinguish debt ranking from asset allocation.
What happens to descendants after renunciation?
Identify the capacity in which the heir renounces. Section 1615 gives renunciation effect back to death: a statutory heir's descendants may succeed in their own right to that heir's share unless a valid renunciation was already made on their behalf. Section 1616 restricts the renouncing person's management and use of those inherited assets; renouncing does not preserve parental control of that share. For a legatee, section 1617 excludes both the renouncing legatee and their descendants from the renounced inheritance. Section 1618 redistributes to other heirs if a statutory renouncer has no eligible descendants or a legatee renounces; it does not automatically give the share to a person selected by the renouncer.
Does renunciation reliably defeat personal creditors?
No such assurance is given. Section 1614 allows an heir's creditor to seek revocation where the heir knows renunciation prejudices that creditor. The beneficiary's knowledge also matters under the section's conditions; for gratuitous renunciation, knowledge on the renouncing heir's side alone suffices. Following revocation, the creditor may seek a court order to receive inheritance in the heir's right towards payment. Any remainder passes to descendants or other heirs as applicable, not automatically to the creditor. Distinguish the heir's personal creditor from the deceased's creditor.
Can grandchildren represent a parent whenever that parent does not inherit?
No. Section 1639 concerns descendants, full siblings, half siblings, and uncles and aunts where the heir predeceased the deceased or was statutorily disqualified before the deceased's death; direct descendants represent that person's branch. Section 1641 bars representation in the parent and grandparent classes. Section 1642 concerns statutory heirs, not automatic substitution for a will beneficiary. Renunciation and testamentary disinheritance require separate statutory analysis: consider section 1615 for renunciation of the current estate and section 1645 for renouncing one person's estate without losing representation through that person in another estate.
How do separation and marriage equality affect spouse inheritance?
The Civil and Commercial Code Amendment Act No. 24 (2567) did not change section 1635's fractions; it revised related spouse provisions. Amended section 1628 confirms that separation without legal divorce does not itself end mutual statutory inheritance rights. Verify marriage records, wills and applicable special family or inheritance legislation rather than treating marriage equality as a universal half-estate entitlement.
When does the inventory clock start, and are the periods consecutive?
Section 1728 requires starting within 15 days from death if the testamentary appointment was then known, commencement of duties for court appointees, or acceptance in other cases. Under section 1716, court-appointed duties begin when the order is heard or deemed heard, not upon finality or first transfer. Section 1729 requires completion within one month from that same trigger—not another month after starting. Apply to the court before expiry for an extension; use at least two interested witnesses who are not disqualified under section 1670.
Is one year a guaranteed transfer completion time?
No. Section 1732 requires administration and its administration/distribution account within one year from the applicable section 1728 date, unless the testator, a majority by number of heirs or the court fixes a different period. This is a statutory duty, not our transfer guarantee or invariably a year from death.
What if multiple administrators disagree or one neglects duties?
Section 1726 uses the administrators' majority unless the will provides otherwise; an interested person may ask the court to resolve a tie. Section 1727 permits a removal application for neglect or another proper reason before distribution is complete. Resignation after taking office requires proper grounds and court permission. Under section 1731, inventory failures may lead to judicial removal, not automatic removal.
What if there is no will?
Assess statutory heirs and the spouse, then section 1713 grounds and recipient requirements. Intestacy alone does not make a court petition necessary in every estate.
Must the administrator be an heir?
Heirship is not required. Assess grounds and suitability under section 1713 and disqualifications under section 1718; heir consent does not guarantee appointment.
How long until assets can be transferred?
Separate evidence preparation, court appointments, obtaining orders and recipient processing. Assess the actual estate rather than applying one month-based timetable to all petitions.
Can a foreign heir inherit land?
Identify whether the recipient is a statutory heir or only a legatee. Section 93 allows ministerial permission for statutory heirs within the section 87 holding limits, so sale is not inevitable. A will-only recipient without statutory-heir status cannot use this route; the DOL manual describes an administrator selling and passing the proceeds to that legatee. Being named in a will does not exclude an otherwise qualifying statutory heir. For section 94 disposal, the Director-General's specified period ranges from 180 days to one year. Read the actual order or notice for commencement and details rather than assuming death starts every deadline.
Written by: Thai Law & Accounting Services — attorneys and licensed accountants
Professional review: A lawyer must review the applicable law and facts before use in a real matter. This notice does not establish that this page has been reviewed or certified by a lawyer.
Last updated: 2026-08
Information as of August 2026. Government fees and processing times change — verify with the relevant agency before acting, or let our team verify for you.