The administrator of a family estate is often the eldest sibling or a trusted relative. Then months pass. The other heirs have not seen an inventory, do not know where the money in the deceased's account went, and get "wait a bit" or no answer at all. This guide takes only the heir's angle: what you can ask for, how to write it, how to escalate, and when the matter belongs with a court or the police. For how an administrator is appointed see filing the court petition, for the general rules of dividing an estate see our main inheritance guide, and for an administrator named in a will see choosing an executor in a will.
The core answer
Heirs have tools that work in steps: a specific written request for information, then a meeting or mediation, then a court application for an inventory or removal, and, where property was dishonestly taken, a criminal matter. Skipping steps can cost you evidence or time either way.
Legal basis Section 1719 gives the administrator the rights and duties to do what is necessary to administer and divide the estate. Section 1720 applies the agency rules to administrators, which in practice means a duty of care, explaining the position when heirs ask, and handing over money and property received (compare Sections 809-812 on agents). Sections 1728 and 1729 require the inventory to be started within 15 days and finished within 1 month, before at least two witnesses with an interest in the estate. Section 1732 requires everything to be finished within 1 year unless the will, a majority of the heirs or the court provides otherwise. Section 1727 lets an interested person ask for removal, and Sections 1733 and 1754 deal with time limits.
Our practical view Most heirs want two things: to see the real numbers, and to know when they will be paid. So ask for specific documents, set a reasonable reply date, and keep everything in writing. Logging into the deceased's or the administrator's bank, phone or email without authority may be an offence under the Computer Crime Act B.E. 2550, Sections 5-7, and under data protection law. Do not do it. Ask through the administrator or through the court instead.
Hypothetical Mr Surachai dies in Khon Kaen leaving a house, a plot of land and bank deposits. His three children are Orn, Phum and Kaew. The court appointed Orn as administrator early in the year. Eight months later Phum and Kaew have seen no inventory, Orn does not answer their LINE messages, and they hear that the deposit has been withdrawn. We use this family throughout.
1. What does the administrator owe the heirs?
- An inventory made on time under Sections 1728 and 1729
- Care of the estate, and no personal use beyond what the administrator is entitled to as an heir
- An explanation of the position when heirs ask for good reason (agency rules under Section 1720)
- Payment of the estate's debts that must be paid, then distribution according to entitlement
- Completion within the 1 year of Section 1732, or a written reason for needing longer
An administrator who is also an heir may of course take his or her own share. What is wrong is taking more than that, or hiding information so that other heirs cannot check. For the general duties see the main guide.
2. Which documents can an heir ask for?
Ask by list, not "show me everything". An honest administrator is usually willing once they know what you want.
| Document | What it is for |
|---|---|
| Copy of the court order appointing the administrator and the certificate of finality | Confirms authority and the start date for the 15 days, 1 month and 1 year |
| The inventory under Sections 1728-1729, with witness names | Shows whether the assets are complete and the steps were followed |
| Statements of the deceased's bank accounts from the date of death to now | Shows when money moved and who received it |
| Land title deeds and records of any transfer or new registration | Shows whose name the land is in and whether it was sold or mortgaged |
| Receipts for expenses such as the funeral, debts paid and taxes | Checks that deductions from the estate are reasonable |
| Leases, rent, dividends or other income arising after death | Shows where the estate's income went |
| The plan and timetable for distribution | Lets the heirs know what they will receive and when |
Banks usually do not release the deceased's account information to an heir who is not the administrator. If the administrator refuses, a court order can be sought at the next stage (section 6).
3. How do I write the request?
Put it in writing, keep a copy, and send it in a way that proves delivery, for example registered post with acknowledgment, or LINE or email with a screenshot saved. Be polite and make no accusations.
Subject: Request for a copy of the estate inventory and administration records of Mr Surachai (deceased)
To: Ms Orn, Estate Administrator
I am (name), an heir of the deceased ((relationship)). You were appointed administrator by (court) by an order dated (date).
So that the heirs understand the position of the estate, please send the following by (date, about 15 days from now):
1. The inventory under Sections 1728-1729 and the names of the witnesses
2. Statements of the deceased's bank accounts from the date of death
3. The status of the land title deeds and any registration already made
4. Evidence of expenses and debts paid from the estate
5. The expected timetable for distribution
If you cannot meet the 1-year period in Section 1732, please give the reasons in writing. I am happy to meet, or to hold a meeting of all the heirs, to settle this quickly.
This letter does not waive any of my rights as an heir.
Signed (name) Date (date) Contact (phone/email)
4. If there is no answer, how do I escalate?
| Step | What to do | What it achieves | Typical timing |
|---|---|---|---|
| 1 | Send the request in section 3 | Gets the information, or proof that it was ignored | Reply date about 15 days |
| 2 | Second reminder signed jointly by several heirs | Shows this is the heirs' concern, not a personal quarrel | About 2 more weeks |
| 3 | Family meeting or mediation with a neutral person | Agrees a timetable and scope of information quickly, if the other side cooperates | A few weeks |
| 4 | Lawyer's formal notice | States the claims and a deadline clearly; useful as evidence in court | About 15-30 days |
| 5 | Court application for an order to prepare and deliver the inventory or accounts, and/or for removal (Section 1727) | A binding order, and possibly a new administrator | Depends on the court and whether there is opposition |
| 6 | Criminal complaint for breach of trust if there is evidence of dishonest taking | Opens the criminal process | Complain within three months of learning of the offence and who did it |
The timings are what lawyers commonly use, not statutory periods. Nothing requires the steps to be taken in exactly this order.
5. When does mediation fit?
Mediation suits cases where the problem is communication or lost trust rather than dishonest taking. All the heirs sit down with a neutral person, the administrator brings the inventory, and a distribution timetable is agreed in writing. The civil courts offer mediation in civil cases, which may be an option once a case exists. Put any agreement in writing signed by every heir, and do not sign a release of further claims before you have seen the full accounts.
6. Asking the court to order an inventory or accounts, or to remove the administrator
If the administrator has not made the inventory under Sections 1728-1729, has gone past the Section 1732 period without cause, or simply stays silent, an interested person can apply to the court that appointed the administrator, asking for an order to prepare and deliver the inventory, or for removal under Section 1727. The form of the application and what the court can order in each case depend on the facts and the court's practice, so have a lawyer frame the request.
The court looks at real conduct: neglecting the duties, no replies, no inventory, using estate property personally, selling without telling the heirs, a conflict of interest with the estate. Mere dislike is not enough. Once the distribution is complete the removal route is closed, and you must sue for return of property or damages, each with its own time limit (section 8). The court may appoint a new administrator, or the heirs may propose someone they all trust. See filing the court petition.
7. When you suspect dishonesty: criminal breach of trust
Criminal Code Section 352 covers criminal breach of trust: dishonestly appropriating another's property that one holds as one's own or for a third person. Sections 353 and 354 are heavier forms for people entrusted with managing property or holding it in a special capacity, such as a person appointed by a court. A court-appointed administrator may fall under Section 354, but it depends on the facts of each case. Not every dissatisfied heir has a case.
This is a serious step, not a threat. It fits where there is evidence such as bank statements showing withdrawals to a personal account, proof of a sale not disclosed to the heirs, and no credible explanation. Points to watch:
- Breach of trust in this chapter is an offence that can be settled (Section 356). The injured person must complain within three months of learning of the offence and who did it (Section 96). Note the date you learned.
- A criminal case does not replace the inventory and the distribution; the civil side must go on in parallel.
- A complaint without a basis can rebound on the complainant, so have a lawyer assess the evidence first.
- Do not get into the administrator's accounts or devices yourself to look for evidence.
8. Time limits to know
- Section 1728: start the inventory within 15 days. Section 1729: finish within 1 month; an extension can be requested before it runs out
- Section 1732: finish administration within 1 year unless the will, a majority of the heirs or the court provides otherwise
- Section 1733: claims about the administration of the estate within 5 years from the end of the administration
- Section 1754: the general inheritance case rule is 1 year, with a ceiling of 10 years from the death, subject to some exceptions such as an heir in possession of estate property (Section 1748)
- Criminal complaint for breach of trust: three months (Criminal Code Section 96)
A one-sided demand letter does not normally stop the period running. Do not wait until the end. For land, see inherited land transfer at the land office, and for a foreign will see wills and inheritance for foreigners.
9. Checklist
Before you send the letter
- I have a copy of the court order appointing the administrator and know the start date
- I know all the heirs and how to reach them
- I have listed the assets I know of myself (land, accounts, vehicles, shares)
Send and follow up
- The request is in writing, with a reply date and proof of sending
- I note the date I learn of each suspicious fact
- I keep all messages, emails and documents received
- I have offered mediation or a meeting of all the heirs
If there is no progress
- I have spoken to a lawyer about a court application for an inventory or removal under Section 1727
- I have assessed a breach of trust complaint before three months run out
- I have checked the time limits under Sections 1733 and 1754
Further reading
- Parents pass away: how the inheritance is divided — order of heirs, wills and the administrator's duties in general
- Filing the court petition for an estate administrator — the court steps, if a new administrator is needed
- Choosing an executor in a will — duties and deadlines the administrator must meet
- Inherited land: transfer at the land office — when the main asset is land
- Wills and inheritance in Thailand for foreigners — when assets or heirs are abroad
Ask in writing, set a reasonable date, keep the evidence, and move to the court or the police only when needed, without letting a time limit run out unnoticed.
We help heirs request information from administrators, apply to the court for an inventory or removal, and assess complaints. For an initial consultation, call +66 92 254 2045 or send us the details. See also our estate 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.
