Inheritance and Estate Planning in Thailand

Navigating Succession Laws in Thailand

Managing inheritance matters in Thailand requires a clear understanding of the country’s legal framework, administrative procedures, and court processes for distributing a deceased individual’s estate. For foreign nationals with property, bank accounts, or other assets in Thailand, creating a Thai will can be essential to ensure that these assets are transferred according to personal wishes, reducing disputes and complications.

At BASE Law Firm, we provide comprehensive guidance on succession, including statutory heirs, wills, estate administration, and inheritance rules for specific asset types.

Our service include:

Thai will drafting and guidance
Intestate succession rights assessment
Estate administrator appointment support
Asset distribution and probate assistance
Cross-border inheritance planning
Company shares and property handling

Statutory Heirs and Intestate Succession

When someone passes away without a valid will, Thai law determines the distribution of their estate through intestate succession rules.

Priority of Legal Heirs (Civil and Commercial Code, Section 1629):

Descendants
Parents
Full-blood siblings
Half-blood siblings
Grandparents
Aunts and uncles

The surviving spouse’s share is determined under Section 1635 and is allocated alongside these heirs. Statutory heirs can petition the court to be appointed as estate administrators, or agree to appoint a qualified non-heir, ensuring that asset management is lawful, transparent, and orderly.

Thai Wills: Key Considerations

Drafting a valid will in Thailand is an important step in preventing disputes and securing efficient estate distribution. Thai law recognizes several types of wills:

Witnessed Written Will (Section 1656): Requires signatures from the testator and at least two witnesses; registration is optional.
Public Will (Section 1658): Declared before a district officer and formally recorded in Thai.
Secret Will (Section 1660): Sealed document submitted to the district office in the presence of witnesses.
Holographic Will (Section 1657): Entirely handwritten, dated, and signed by the testator.
Oral Will (Sections 1655–1672): Permitted only in emergency situations where death is imminent.

Witness eligibility: Must be legally competent; beneficiaries, their spouses, minors, or persons of unsound mind cannot serve as witnesses.

Estate Administration

Before heirs can receive their inheritance, a court-appointed estate administrator manages the estate.
Responsibilities include:

Preparing an inventory of assets within one month
Communicating progress to heirs
Collecting debts owed to the estate
Representing the estate in court matters
Distributing assets after settling liabilities

Appointment: An administrator may be named in the will or appointed by the court upon petition from an heir or public prosecutor. Circumstances include minors, absent heirs, or refusal of an appointed administrator.
Removal: Courts can remove administrators for neglect, fraud, dishonesty, or incompetence (Section 1727).

Inheritance of Specific Assets

Certain asset types in Thailand require careful legal handling:

Company Shares: Must be formally transferred to heirs and comply with corporate governance rules.
Lease Agreements: Typically terminate upon the tenant’s death unless pre-approved for continuation.
Land: Foreigners cannot directly inherit land without ministerial approval; disposal must occur within one year.
Apartments: Units not governed by the Condominium Act may have complex inheritance rules.
Condominiums: Foreign heirs must meet Condominium Act requirements or transfer ownership within one year.

Why Foreign Nationals Should Consider a Thai Will

While foreign wills can be valid, they often complicate inheritance of Thailand-based assets. A Thai-specific will:

Simplifies probate and administration
Prevents conflicting jurisdictional claims
Ensures proper management of assets located in Thailand

Foreign nationals frequently draft a Thai will to govern local estate matters while retaining separate foreign wills for assets abroad.

BASE Law Firm’s Inheritance Services

We provide expert guidance and representation in all aspects of succession law in Thailand, including:

Drafting compliant Thai wills for both locals and foreigners
Advising on cross-border inheritance planning
Filing petitions for estate administrator appointments
Assisting heirs with estate management and asset distribution
Handling inheritance issues for land, company shares, leases, and condominiums

Our team ensures all legal procedures align with Thai law while reflecting the client’s personal wishes and financial objectives.

Contact Our Team

For professional advice on wills, succession planning, or estate administration in Thailand, BASE Law Firm offers clear, practical, and strategic guidance to safeguard your rights and ensure smooth asset transfer.