The core answer
Choose an executor who is an adult, reachable, organised and trusted by every heir, and name a second person in case the first cannot act. For most families that means one primary executor plus one backup, not a committee. You can name a family member who is also an heir, a friend, or a professional.
The rule (Civil and Commercial Code). Section 1712 allows the will to appoint the executor, or to name a person who will make the appointment. Section 1715 allows one or several. Section 1718 bars a minor, a person of unsound mind or adjudged quasi-incompetent, and a person adjudged bankrupt. Several executors act by majority, and a tie goes to the court (section 1726).
Our practical view. The legal bar is low, so the real test is practical: can this person, within a year, deal with banks, the land office, tax questions and possibly a disagreeing family? Treat the choice like picking someone for a job, not like a mark of honour.
This guide is about choosing. For what an executor does after a death, read the estate administration guide. For the will itself, see wills for foreigners and the post on witnesses, storage and executors.
1. What does an executor actually do?
Section 1719 gives the administrator the rights and duties needed to carry out the will and to administer and divide the estate. In practice the job is to:
- find and list the assets and debts;
- prove authority to banks, the land office and other holders;
- keep the estate safe and pay what is properly payable;
- deliver the gifts under the will and divide what remains;
- keep records, because heirs can question the administration for up to five years after it ends (section 1733).
This is real work, often for a year or more, and it falls on someone who may also be grieving. Pick with that in mind.
2. One executor or several?
| Choice | Advantage | Risk |
|---|---|---|
| One executor | Fast, clear who decides | If they die, refuse or cannot act, nobody is in place |
| One plus a named backup | Same speed, with a safety net | Wording must say clearly when the backup steps in |
| Several together | Checks and balances; can mix a family member and a professional | By default they decide by majority; a tie goes to court (section 1726); slower |
The default for several executors is a majority vote. If you want something else, for example that each may sign alone for small matters, the will should say so, because section 1726 applies "unless the will says otherwise". We would avoid two executors with equal votes if the two do not get along, since a tie sends them to court.
3. How do I word a backup executor?
Name the backup in the same clause and say what triggers the change. For example: the first person is executor; if that person dies before me, refuses, resigns, or cannot act for any reason, the second person is executor. A will that names only one person and nobody else leaves the heirs to apply to the court under section 1713 if that person cannot act.
Check the following in the drafting:
- full name and ID or passport number of each person, so banks can match them to documents;
- whether each acts alone or jointly;
- whether the executor may be paid or reimbursed for costs (the will can say);
- who may name a replacement. Section 1712 lets the will name a person to make the appointment, which is useful if you cannot predict who will be suitable years from now.
4. Who cannot be an executor?
Under section 1718 the following cannot act: a minor; a person of unsound mind or adjudged quasi-incompetent; and a person adjudged bankrupt. Nationality is not a bar. Note also that the post on witnesses, storage and executors explains that the section 1653 bar on taking under a will concerns the writer of the will and the witnesses, not the executor.
A person who is fine today can fall into one of these groups later, which is another reason to name a backup.
5. Should the executor live in Thailand?
There is no residence rule in the sections we reviewed. The question is practical. If your assets are in Thailand, an executor who cannot attend a bank branch or the land office, or who lives in a different time zone, will find the one-year timetable hard. One option is a trusted person abroad as first executor with a person in Thailand as the second, or a Thai professional alongside a co-executor you can reach. Ask whoever will act whether they could travel on short notice, sign in Thai, and respond within days.
6. Heir, family member or neutral professional?
Choosing an heir is common and legal. It keeps the cost down, and the heir knows the family. The risks are different: another heir may not trust them, and section 1722 prevents the executor from entering a transaction where their own interest is adverse to the estate unless the will permits it or the court authorises it. A typical example is an executor-heir buying an estate asset for themselves.
A neutral professional avoids those suspicions, but may be a stranger to the family and usually has to be paid, so check the terms with them before you name them. A common middle path is a family member as executor with the other family members told in advance, or two executors, one family and one neutral. The best choice depends on how well your heirs get on.
If an executor neglects the job, an interested person may ask the court to remove them before division is complete (section 1727). The executor can also resign with the court's permission.
7. What deadlines does the executor inherit?
| Step | Time limit | Source |
|---|---|---|
| Start the inventory | Within 15 days (from the death if they knew of the appointment, otherwise from starting duties or the court order) | s.1728 |
| Complete the inventory | Within one month from that start; the court may extend on application made before the time runs out | s.1729 |
| Inventory witnesses | At least two witnesses who are interested in the estate | s.1729 |
| Finish administration, divide and account | Within one year from that start, unless the testator, a majority of heirs or the court fixes otherwise | s.1732 |
These are statutory time limits, so someone who is abroad, ill or very busy will struggle to meet them. If your estate is large, say in the will whether a longer period is intended, or accept that the heirs can agree one.
8. Does naming an executor avoid going to court?
Not always. Naming an executor in the will gives that person a documented basis to act, and the will itself can be shown to institutions. In practice, many banks and land offices still ask for a court order, a certified copy of the will, or both, and requirements differ by institution and by branch. We cannot tell you in advance what a given bank will do.
What helps is to name the executor clearly and to keep the original will where the executor can find it. If a bank insists on a court order, the petition is easier when the will already names the person. See how the court petition works and the land office route in inherited land transfer.
9. What should I give my executor?
Prepare a handover pack and keep it with the will, or tell your executor where it is:
- a list of assets: bank accounts and branches, land title deeds and where they are kept, condominium, vehicles, shares, insurance, and online accounts;
- a list of debts and regular bills;
- where the original will is, and who holds copies;
- contacts: the lawyer who drafted it, your accountant, close family, and your embassy if you are a foreigner;
- your wishes for funeral and for personal items, although the will controls the legal gifts.
Review the pack when your assets change. An executor who has to search for the assets will lose weeks of the first month.
Checklist
- Pick one primary executor who is an adult, solvent and organised.
- Pick a backup and write the trigger events into the will.
- Decide if you want one, two or more; if more, say how they act.
- Check that none of them is a minor, of unsound mind or bankrupt.
- Think about residence: can they deal with Thai banks and the land office?
- Weigh conflict of interest if the executor is also an heir.
- Ask each person whether they accept before you name them.
- Prepare the handover pack and say where the original will is.
- Ask the banks you use what they require from an executor.
- Review the will after a death, divorce, move or big change in your assets.
Further reading
- Parents pass away: how is the inheritance divided
- Wills and inheritance in Thailand for foreigners
- Court petition to appoint an estate administrator
- Inherited land transfer at the land office
- Thai will questions: witnesses, storage and executors
Name one capable executor and a backup, spell out how they act, and give them a handover pack, because the statutory clock starts running as soon as you die.
We help clients draft wills and advise executors and heirs. Initial consultation is free — call +66 92 254 2045 or send us the details. See also estate and inheritance matters and family matters.
This guide is published by Suwanvara Law Firm — a Khon Kaen law firm established in 1986. General information only, not legal advice on a specific matter.
