The core answer
This guide is about the court step only: what you file, where, and what happens until you hold the order. Who inherits, and whether you need an administrator at all, is covered in our main inheritance guide. Here we assume you have decided to petition.
The rule (Civil and Commercial Code). Under section 1713, an heir, an interested person or the public prosecutor may ask the court to appoint an administrator, for example when a statutory heir or legatee is missing, abroad or a minor, when the existing administrator or heirs cannot or will not act, or when the will's appointment cannot take effect. If there is a will, the court appoints in line with it. If not, the court appoints as it sees fit for the benefit of the estate, having regard to the deceased's wishes.
Our practical view. Most petitions are decided on paperwork quality. A complete family tree, consents from every heir who can sign, and original documents on hearing day make the difference between one sitting and several. The detailed practice below comes from the websites of individual courts. It differs from court to court, so treat it as a checklist to confirm, not a rule.
1. Who can file, and when does it make sense?
Section 1713 lists heirs, interested persons and the public prosecutor. In practice the petitioner is nearly always the person who wants to be the administrator, often a child or spouse of the deceased. You do not have to be an heir to be appointed, but you cannot be a minor, a person of unsound mind or quasi-incompetent, or a bankrupt (section 1718).
The statute allows it, but heirs should not plan around it: in a normal case an heir or another interested person files the petition.
2. Which court?
Court websites give the same answer: the court for the area where the deceased was domiciled at death, usually the address in the house registration. One Bangkok court states that it accepts a petition when the deceased's registered domicile at death was in one of four named districts, and that if the deceased had no domicile in Thailand it accepts the petition only when the estate is located in those districts. So:
- Look at the deceased's house registration, not where the heirs live.
- If the registered address and the real home differ, ask the court which one it treats as the domicile before filing.
- In Bangkok, check which court covers the district. Several civil courts split the city between them.
3. What documents to prepare
The lists below come from the Civil Court's estate case centre and the Phra Khanong Civil Court Q&A. Other courts publish their own lists, so use the one from your court.
| Group | Typical documents |
|---|---|
| The deceased | ID card, house registration, death certificate, marriage certificate if any, family registration data, name-change papers if any |
| The deceased's parents | Their death certificates, or if unavailable, the household register extract the court accepts instead (one court names form ทร.14/1, available at district offices) |
| The petitioner | ID card, house registration |
| The heirs | Family tree, consent forms, proof of relationship where asked |
| Heir died before the deceased | Death certificate and proof of that person's own descendants |
| The estate | Title deeds, bank books, vehicle and share documents, whatever you are asking to administer |
| The will, if any | The original and a copy |
Two practical points from the court sites. First, one court asks for three certified sets of each document, certified in blue ink. Second, another court's Q&A says a consenting heir who cannot go to the public prosecutor's office can use the court's own consent form with the signature certified by a civil servant, and an heir abroad should sign before a witness such as a Thai consul or, where there is no consulate, a notary public. Confirm what your court accepts before you send a form overseas.
4. The family tree and consents
The family tree (บัญชีเครือญาติ) lists every heir of the deceased and how they relate. The Civil Court offers two model forms. Its page does not say when each model is meant to be used, so ask the registry.
List every heir, including relatives you rarely speak to. Leaving one out to move faster is a common reason for a later challenge. An heir who refuses to sign a consent does not stop the petition. They are named, and the case is then treated as one with a possible objector.
Consent forms are separate from the family tree. Court sites show variants: a general consent, one for a legal representative of a minor or incapable heir, and one for heirs who sign by fingerprint.
5. Filing, and the online route
Many courts accept filing through the Court of Justice e-Filing system. The Phayao Provincial Court page says a person may file their own petition online in two situations: every heir consents to the petitioner serving, with no objection, or the will names the petitioner as administrator. You register on the e-Filing site and upload PDF or JPEG files. The same page says nothing about hearings or objections, so read it as a filing guide, not a full procedure.
One Bangkok court says that the public prosecutor's office can prepare the petition for free only where every heir consents and the documents are complete. If anyone objects, expect to hire a lawyer.
6. Notice of the petition and the hearing date
Many people ask whether the court posts or publishes a notice of the petition so that outsiders can object. How notice is given, and how long before the hearing, is a matter of court practice and can differ by court and by case. Ask the registry how your court handles it, and do not assume a hearing date until the court gives you one.
7. Hearing day
The court sets a hearing date for the petitioner's evidence. The Phra Khanong Civil Court Q&A says the petitioner or the witnesses must come at the time set and bring the originals of every document they rely on. Beyond that, the format varies. Some courts conduct uncontested hearings by electronic means under their own announcements.
Be ready to explain, in simple terms:
- The deceased's death, last home and relationship to you.
- Who all the heirs are, and that they consent or have been told.
- What the estate comprises and why an administrator is needed, for example a bank account or land.
- That you are not barred under section 1718.
Bring a short written list of heirs and assets to refer to. Do not guess at figures or relationships. If you do not know, say so.
8. If someone objects
An objector can appear and argue that someone else should be appointed, that you are unsuitable, or that no appointment is needed. The case then ceases to be an uncontested one. The court hears both sides and decides whom to appoint, in line with the will if there is one, and otherwise as it considers best for the estate (section 1713).
Court sites say that their simplified services (prosecutor-prepared petitions, online self-filing) apply to consent cases. If you expect an objection, plan on legal representation and a longer timetable. We do not predict the length, since it depends on the court, the objection and the evidence.
9. After the order
- Certified copy of the order. The Phra Khanong court Q&A says the order can be obtained on the day it is requested.
- Certificate that the case is final (หนังสือรับรองคดีถึงที่สุด). The same Q&A says the petitioner can apply once one month has passed from the hearing date and the order. Many institutions ask for this certificate along with the order. Whether yours does is for that institution to say.
- Inventory. Section 1728 requires the administrator to start the inventory within 15 days from the time stated there (the start of duties or the court order in a court appointment). Section 1729 requires it to be completed within one month of that, with at least two witnesses who are interested in the estate, and the court can extend the time if applied for before it expires. A court appointed only for a specific purpose may be excused from the inventory (section 1714).
- Time to finish. Section 1732 requires administration, division and accounts to be completed within one year, unless the will, a majority of the heirs or the court sets a different period.
- Use the order. Banks, land offices and others will usually want the order, the certificate, the administrator's ID and the death certificate. For land, see inherited land at the land office. For choosing the person in a will, see choosing an executor.
10. Checklist
- Decide if you need a petition (see the main guide for alternatives).
- Identify the correct court from the deceased's house registration.
- Collect the deceased's, parents', petitioner's and estate documents; get the number of certified sets the court wants.
- Draft the family tree with every heir; collect consent forms; chase absent heirs early.
- Ask the registry about notice, hearing format and e-Filing for your court.
- On hearing day: originals, witness if required, short written list of heirs and assets.
- After the order: certified copy, then the certificate of finality after the waiting period; diarise the 15-day and one-month inventory deadlines.
Further reading
- Parents pass away: how the inheritance is divided
- Wills and inheritance in Thailand for foreigners
- Choosing an executor in a will
- Inherited land: transfer at the land office
The petition succeeds on a complete family tree, honest consents and original documents on hearing day, and the clock for the inventory starts as soon as you are appointed.
We assist heirs with estate administrator petitions and the steps after the order. Initial consultation is free — call +66 92 254 2045 or send us the details. See also our estate practice and civil litigation practice.
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.
