Civil and Commercial Code
Book VI: statutory heirs, shares, will formalities and appointment of an estate administrator.
Practice area
Wills, Succession & Estate Administration
Drafting wills that hold up, and administering estates correctly under Thai law.
Estate planning in Thailand involves the recognised will formats, the rights of statutory heirs, registered assets such as land and condominium units, and the position of foreign nationals holding assets both in Thailand and abroad. We draft wills, advise on structuring, petition the court to appoint an estate administrator, and complete the transfer of estate assets.
What this practice covers
- Drafting wills in the formats recognised by Thai law
- Advice on statutory heirs and their shares
- Court petitions to appoint an estate administrator
- Preparing the estate inventory and transferring assets
- Estates with assets or heirs located abroad
- Litigation over will validity and estate distribution
- Planning for foreign nationals holding condominiums or leasehold rights
- Notarisation and certified translation for use with foreign authorities
How we work on your matter
- 1Understanding intentions and reviewing assets in and outside Thailand
- 2Explaining heir rights and the constraints of the applicable law
- 3Drafting the will and selecting the appropriate execution format
- 4Arranging witnesses and correct execution
- 5On death, petitioning for appointment of the administrator
- 6Transferring assets under the court order and closing the estate
Documents to prepare
- Identification of the testator
- House registration and family status documents
- Title deeds, condominium ownership documents and other proofs of right
- Bank accounts, shareholdings and life insurance policies
- Death certificate and proof of heir relationships (for administration)
- Any earlier will
Points to watch
- A will executed in the wrong form can be void in its entirety.
- Registered assets must be described precisely or disputes follow.
- Land-ownership restrictions on foreigners affect what can be inherited.
- An estate administrator must be appointed by the court, not self-appointed.
Typical timeframe
Drafting and executing a will is quick once the asset list is complete; appointing an administrator and transferring assets runs through the court and takes months, depending on the docket and any heir objections.
Timeframes are indicative only and depend on the authority, the court calendar and the completeness of your documents.
A well-drafted will genuinely prevents estate litigation
Most estate litigation arises not from greed but from wording open to more than one reading — "my house to my child" without saying which house, or silence about assets acquired after the will was made. We therefore draft by reference to title deed numbers, unit numbers and account numbers, and include a clause covering later-acquired property.
For cross-border families we also check that the Thai will and any foreign will do not unintentionally revoke each other — a common problem when each contains a blanket revocation clause. Defining clearly which jurisdiction’s assets each will covers matters greatly.
Laws that govern this matter
Summarised for general understanding only. The application of each provision depends on the facts of your case.
Civil and Commercial Code
Wills may take several statutory forms; using the wrong formality can void the will.
Land Code
Foreign land-holding limits affect foreign heirs inheriting land.
Example situations and how they are handled
These are constructed examples used to explain procedure. They are not client matters, and no outcome is implied or guaranteed.
Illustrative scenario: bank refuses to release the deceased’s funds
Situation: Heirs hold the death certificate and house registration, but the bank requires a court-appointed administrator.
Usual approach: The usual route is petitioning the competent court for an administrator with an estate inventory and heirs’ consents, then presenting the order to banks and registries. (Hypothetical.)
Advice for your specific situation
People making a will
- Identify assets precisely (title numbers, unit numbers, account numbers) to reduce disputes on execution.
- With assets in several countries, make sure the wills do not revoke one another.
Heirs and administrators
- Complete an estate inventory including debts before distribution — estate creditors rank first.
- Heirs abroad should prepare a properly certified power of attorney in advance.
Every matter — what to do in the first 7 days
- Gather every original document in one place, keep scanned copies, and note the date you received each one.
- Write a dated timeline — the date you received a notice or learned of the event usually starts the limitation or appeal clock.
- Do not sign a settlement, debt acknowledgement or withdrawal before a lawyer reviews it — it may extinguish existing rights.
- Preserve digital evidence unaltered (full screenshots, original files, emails with headers) — edited files are easy to challenge.
This service in your province
Province pages set out the courts and authorities with jurisdiction locally, and answer the questions people in that area ask.
Wills, Succession & Estate Administration — BangkokWills, Succession & Estate Administration — Chiang MaiWills, Succession & Estate Administration — PhuketWills, Succession & Estate Administration — ChonburiWills, Succession & Estate Administration — Khon KaenWills, Succession & Estate Administration — Udon ThaniWills, Succession & Estate Administration — Nakhon RatchasimaWills, Succession & Estate Administration — SongkhlaWills, Succession & Estate Administration — Surat ThaniWills, Succession & Estate Administration — Chiang RaiWills, Succession & Estate Administration — RayongWills, Succession & Estate Administration — Nonthaburi
Frequently asked questions
Can a foreign national make a Thai will?
Yes, and a separate Thai will covering Thai assets is often advisable so that local administration proceeds quickly without conflicting with a will made elsewhere.
What happens without a will?
The estate passes to statutory heirs in the order the law prescribes, which may not match the deceased’s wishes and often takes longer because of disputes.
Can a foreign spouse inherit land?
Land law imposes restrictions, generally requiring disposal within a set period. We explain the options available on the family’s actual facts.
Is an administrator always needed?
Where assets require registered transfer — land or bank accounts — a court order appointing an administrator is usually required before institutions will act.
Related services
Other practice areas
Litigation & Court RepresentationCivil, criminal, labour, family, succession and land disputesCorporate & CommercialIncorporation, contracts, foreign business, BOI and complianceImmigration & Foreign NationalsVisas, work permits, residency and lawful statusIntellectual PropertyTrademarks, copyright, patents and enforcementLand & Real EstateTitle due diligence, sale, lease and transfer at the Land OfficeFamily & SuccessionMarriage, divorce, custody, wills and estate administrationMediation, Arbitration & EnforcementResolving disputes outside court and making awards effectiveNotarial Services & International DocumentsSignature and document certification, translation, consular and embassy legalisationBOI Promotion & Foreign Business LicensingStructuring foreign investment in Thailand correctly from day one.Tax, Accounting & Employer ComplianceKeeping every statutory tax and accounting deadline under control.PDPA & Data Protection ComplianceBuilding data protection practices that match Thailand’s PDPA.Condominium & Foreign Property OwnershipChecking title, documents and transfer before a major payment is made.Employment & Labour LawAdvising employers and employees under the Labour Protection Act.Integrated Legal Support ServicesInterpreters, documents, agency runs and case tracking in one place.Judgment Enforcement & Asset TracingTurning a judgment into actual recovery through lawful tracing, seizure and attachment.M&A & Legal Due DiligenceChecking what you are buying and structuring the deal so it can actually close.Administrative Law & Appeals Against State DecisionsChallenging unfair administrative decisions through the correct procedure and deadlines.Cybercrime, Online Fraud & Asset RecoveryActing quickly when money is transferred by deception or rights are violated online.Company Secretarial & Corporate RegistrationsKeeping registrations, meetings and statutory records complete and on time.Monthly Retainer Counsel for Businesses & ExpatriatesA standing legal team that knows your business, without hiring in-house staff.
Speak with an attorney about your matter
Tell us the facts and we will explain the options, the documents required and the realistic timeframe before you decide.