Civil and Commercial Code
Book VI: statutory heirs, shares, will formalities and appointment of an estate administrator.
Southern Thailand — Phuket
Wills, Succession & Estate Administration in Phuket
Drafting wills that hold up, and administering estates correctly under Thai law.
Why Phuket matters are different
Phuket has one of the highest shares of foreign-party transactions in Thailand: condominium purchases, long leases, hotel and restaurant investment, cross-national marriage and long-stay residence. Matters here usually run on two tracks at once — Thai law, and the requirements of the counterparty’s home country. Sequencing documents so they work in both jurisdictions from the start matters more than finishing quickly.
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.
- Foreign ownership in a condominium building is capped by the Condominium Act, so checking the building’s foreign quota before paying a deposit is unavoidable.
- Long leases are common here; whether the lease is registered at the Land Office changes its binding effect significantly.
- Accommodation businesses carry specific licensing requirements; using a building outside its permitted class is a frequent source of disputes and administrative orders.
- Family cases here often involve parties of different nationalities, requiring documents that work in Thailand and abroad simultaneously.
Courts and authorities in Phuket
Jurisdiction and filing requirements should be confirmed for each matter, because practice and required attachments differ between offices.
| Court / authority | What it handles |
|---|---|
| Phuket Provincial Court and Phuket Municipal Court | Civil and criminal cases within Phuket province |
| Phuket Juvenile and Family Court | Divorce, custody and cross-national family matters |
| Labour Court Region 8 | Dismissal and severance cases across the Andaman provinces |
| Phuket Provincial Land Office and branch offices | Registration of land, condominium and lease transactions |
| Phuket Immigration Office | Extensions of stay, 90-day reporting and residence notification |
| Phuket Legal Execution Office | Seizure, garnishment and auction of local assets |
| Phuket Provincial Commercial Office | Local company and business registration services |
| District offices in Phuket (civil registration) | Marriage and divorce registration and civil status records |
What we handle in Phuket
- 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
The local process, step by step
- 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 and depend on the court calendar and the authority handling the matter in Phuket.
Areas of Phuket we regularly serve
เมืองภูเก็ตป่าตองกะทู้ถลางเชิงทะเลราไวย์กะรนกมลาบางเทาฉลอง
Laws that govern this matter — Phuket
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 — Phuket
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 — Phuket
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.
Questions people in Phuket ask
Can a foreigner really buy a condominium in Phuket?
Yes, within the foreign-ownership proportion each building is allowed under the Condominium Act, and with bank evidence of funds remitted from abroad. Before paying a deposit, verify the building’s remaining foreign quota, any registered encumbrances and outstanding common-area fees on the unit.
Do long leases of land or villas in Phuket need registration?
A lease exceeding three years must be registered with the competent official, otherwise it is enforceable for only three years. A renewal clause does not automatically extend the term, so renewal and assignment wording should be checked before signing.
Marrying a foreign national in Phuket — what is needed?
The foreign party needs an affirmation of marital status from their embassy, translated into Thai and certified through the required steps, before registering at the district office. The order cannot be swapped — the registrar accepts only fully certified documents.
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.
Same service in other provinces
Wills, Succession & Estate Administration — BangkokWills, Succession & Estate Administration — Chiang MaiWills, 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 — NonthaburiWills, Succession & Estate Administration — nationwide
Other legal services in Phuket
Litigation & Court Representation — PhuketCivil, criminal, labour, family, succession and land disputesCorporate & Commercial — PhuketIncorporation, contracts, foreign business, BOI and complianceImmigration & Foreign Nationals — PhuketVisas, work permits, residency and lawful statusIntellectual Property — PhuketTrademarks, copyright, patents and enforcementLand & Real Estate — PhuketTitle due diligence, sale, lease and transfer at the Land OfficeFamily & Succession — PhuketMarriage, divorce, custody, wills and estate administrationMediation, Arbitration & Enforcement — PhuketResolving disputes outside court and making awards effectiveNotarial Services & International Documents — PhuketSignature and document certification, translation, consular and embassy legalisation
Discuss your Phuket matter with an attorney
Tell us the facts and we will explain which authority applies, what documents are needed and the realistic timeframe.