Inheritance Lawyer in Thailand: Probate & Estate Administration Guide
Short answer: when someone dies owning assets in Thailand, banks and land offices will not release those assets until a Thai court appoints an estate administrator (the Thai equivalent of probate). An inheritance lawyer prepares the court petition, represents the family at the hearing and then helps transfer the assets to the heirs. This guide explains how inheritance and probate work in Thailand, with or without a will.
When Do You Need an Inheritance Lawyer in Thailand?
- A family member died leaving a condo, house, land, car or bank account in Thailand
- You are named as executor in a Thai or foreign will
- There is no will and you need to know who the legal heirs are
- You live abroad and cannot travel to Thailand for the court process
- Heirs disagree about how the estate should be divided
How Inheritance Works With a Will
If there is a valid will, the assets go to the beneficiaries named in it. The executor named in the will still needs a court order confirming the appointment before banks, the land office or the Department of Land Transport will act. If the will is in a foreign language, it must be translated and, where required, legalised. This is why expats are advised to make a bilingual Thai will for their Thai assets.
How Inheritance Works Without a Will
Without a will, the estate passes to statutory heirs under Section 1629 of the Civil and Commercial Code, in this order:
- Descendants (children, then grandchildren)
- Parents
- Full brothers and sisters
- Half brothers and sisters
- Grandparents
- Uncles and aunts
A surviving legally married spouse is also a statutory heir and shares with these classes. Read more about who inherits without a will in Thailand.
The Probate Process in Thailand Step by Step
- Collect documents – death certificate, the will (if any), ID or passports of heirs, marriage and birth certificates, and asset documents. Foreign documents need translation and often legalisation.
- File a petition at the competent Thai court (usually where the deceased lived or where the assets are) asking to appoint the administrator.
- Public notice – the court publishes the petition so anyone with an objection can come forward.
- Court hearing – the applicant gives evidence; if nobody objects, the court issues the appointment order.
- Collect and distribute assets – with the court order, the administrator closes bank accounts, transfers property at the land office, pays debts and distributes the estate.
An uncontested case often takes around 2–4 months from filing to court order, depending on the court and how quickly documents are ready.
Foreign Heirs Living Abroad
Heirs do not always need to travel to Thailand. Through a properly prepared and legalised power of attorney, our lawyers can file the petition, attend the hearing and deal with banks and the land office on your behalf. Note that foreigners generally cannot register land in Thailand; land may need to be sold and the proceeds distributed.
Time Limits and Disputes
Inheritance claims in Thailand are subject to time limits – generally one year from when an heir knew (or should have known) of the death, and no more than ten years from the death. Do not wait if you believe you are entitled to part of an estate.
Inheritance Tax
Inheritance tax applies only where one beneficiary receives more than ฿100 million, so most families pay none. Details: inheritance tax in Thailand.
How a Will Makes Probate Easier
A clear Thai will that names an executor, identifies every asset and is signed correctly can save months and reduce costs for your family. If you have assets in Thailand, see how to make a will in Thailand and our will lawyer fees.
Frequently Asked Questions
Is probate required in Thailand if there is a will?
In practice yes. Banks and land offices usually require a court order appointing the administrator, even when there is a will.
Can an inheritance lawyer handle everything if I live overseas?
Yes, with a power of attorney and properly legalised documents.
How much does estate administration cost?
It depends on the number of assets and heirs and whether anyone objects. We give a written quote after reviewing your documents.
Speak to an inheritance lawyer in Thailand: free consultation by WhatsApp +66 80-500-2222 or email [email protected]. Learn more about our Thailand will lawyer and estate administration services.