Transferring Inherited Land at the Thai Land Office: Documents, Announcement and Foreign Heirs

The core answer

Inherited land does not change owner on its own. The title deed still shows the deceased until the heirs register the transfer at the Land Office where the land is located. There are three common routes, and the route decides what you need to bring and how long it takes.

The rule (Land Code). Section 81 lets an heir apply directly with the title document and evidence of the inheritance. If the officer believes the applicant is an heir, a 30-day announcement is posted, and if no heir with a right objects, the officer registers as the evidence shows. Section 82 covers registering an administrator: on request if the court appointed the person, and after investigation and announcement if the person is named in a will.

Our practical view. Use the direct route when all heirs are on the same side and the land will stay in the family. Use an administrator when the land will be sold, when heirs are missing or abroad, or when anyone refuses to cooperate. Document lists and timing vary by office, so call the Land Office for that parcel before you collect papers.

This guide is about the Land Office procedure. For who the heirs are and how an administrator is appointed, read the estate administration guide. For a short case about land in a deceased wife's name, see this news post.

1. Which of the three routes applies to you?

The Department of Lands publishes one manual for the case where there is an administrator and another for the case where there is none. Both are listed in the sources.

2. Route A: heirs apply without an administrator

The Department of Lands manual for this case says the application is made only at the Land Office responsible for the area where the land or unit is located, and that it cannot be completed on the day of filing, because of the announcement under Section 81.

The steps the manual and the Code describe:

1. File and be examined. The officer examines your right and capacity as an heir under the Civil and Commercial Code and the ministerial regulations. The manual says the time depends on the number of applicants and heirs, and that complex family trees take longer.
2. Announcement. The officer posts the notice for 30 days at the Land Office, the district office, the municipality or Tambon Administrative Organisation, the village headman's office and at the land itself, and sends it to heirs you name who did not attend (Section 81).
3. Registration. If no heir objects and the evidence is credible, the officer registers the transfer. The manual says the notice-sending and posting time and the officer's signing and notification add further days, and that delays happen, for example if proof of posting is late or lost and notices must be posted again.

Each heir who gets a share must be shown in the registration. An heir who does not want to take a share is usually asked to give a statement at the office or produce a document showing they do not accept the inheritance. Ask the office which form it wants.

Documents (hedged)

The no-administrator manual lists, for individual applicants, among others:

• the original title deed, certificate of utilisation (นส.3, นส.3ก, นส.3ข) or condominium ownership certificate;
• the death certificate or other proof of death of the deceased, original with a certified copy;
• the will, if there is one;
• your ID card and house registration;
• proof that you are an heir, such as a marriage certificate for a spouse, or birth records for children.

If an heir has died, proof of that heir's death and of who inherits from them is usually needed too. Land Offices apply the manual with local variations, so confirm the list and whether originals or copies are accepted.

3. Route B: executor named in a will

When a will names an executor, the executor is registered on the title first, and then transfers to the people entitled. Section 82 says that in a case like this the officer investigates, checks the evidence and posts the announcement under Section 81 paragraph 2, and registers if there is no objection. If someone objects, the matter is held pending. Because the will is the proof, expect the officer to look closely at the will's form and at whether the named person can act. The rules on who may be an administrator are in the estate administration guide, and the choice of executor is covered in choosing an executor.

4. Route C: court-appointed administrator

If the court appointed the administrator, Section 82 says the officer registers the administrator on request, so the 30-day announcement is not part of that step. The petition itself is covered in the court petition guide.

For the transfer to heirs, or a sale, under the administrator, the Department of Lands manual for the with-administrator case lists, among others:

• the original title deed or condominium ownership certificate;
• the ID card of the heir or administrator;
• evidence that the recipient is a lawful heir (original);
• the court order or the will that appointed the administrator (original). If the will is lost or destroyed, a copy that was shown to a government body and certified by that body may be used instead.

A sale by an administrator normally needs the administrator registered on the title first, then the sale. Power of attorney, company documents and proof of ownership of buildings are listed for special cases. The administrator also must act within the powers given by the will or the court, and the court may need to authorise some acts.

5. What does it cost, and who pays the taxes?

We state no amounts here, because the rates change and the Land Office calculates them on the day.

• Registration fee. The manual lists a fee calculated on the appraised value, and it is lower for a transfer between parents and descendants or between spouses. Small fixed fees apply to the application, witnesses and power of attorney.
• Specific business tax. The manual says it is charged where the inheritance goes to a person under a will who is not a statutory heir. Statutory heirs are not in that group.
• Stamp duty and income tax. These can apply in some cases. Ask the officer and a tax adviser, as the answer depends on who receives the land and what happens next.

Debts of the estate and any estate tax are outside this guide; see the estate administration guide.

6. Foreign heirs

Land. Under Section 93, a foreigner who inherits as a statutory heir may be permitted to acquire the land, provided that, together with land already held, it stays within the limits in Section 87. Permission comes from the Minister of Interior, delegated in Bangkok to the Director-General of Lands and in the provinces to the Provincial Governor (per the Department of Lands manual). Section 87 sets caps by purpose, such as residence, commerce, industry, agriculture, religion and public charity; check the current text for your purpose before relying on any figure.

A foreign legatee who is not a statutory heir cannot use Section 93. A Department of Lands knowledge document says that in practice the administrator sells the land and hands over the proceeds. Under Section 94, land acquired unlawfully or without permission must be disposed of within a period set by the Director-General of not less than 180 days and not more than one year, or the Director-General may dispose of it.

Condominium. Section 19 septies says a foreigner who does not qualify under Section 19 and acquires a unit by inheritance must notify the Land Office in writing within 60 days and dispose of it within one year of acquiring ownership, or the Director-General may sell it. Section 19 quinquies applies where the foreigner does qualify: only the part that takes foreign ownership above the quota (set in Section 19 bis) must be disposed of. So "a foreign heir must sell the condo in a year" is true only in some cases.

For wills made abroad and other cross-border questions, see the foreign will guide. For the Land Code and Condominium Act points above, rely on the sections cited here.

7. What if the siblings disagree?

Disagreement shows up at the Land Office as an objection. Under Section 81 the officer may question the parties, call for documents and try to settle. If no settlement is reached, the officer orders as appropriate, and the dissatisfied party must sue in court within 60 days of being notified and show proof of filing, otherwise the officer goes ahead. If someone files a suit about inheritance rights, registration is suspended until the final judgment.

In practice, a sibling who lives on the land and refuses to share, or an heir who cannot be found, usually calls for a court-appointed administrator rather than a direct application. For co-owned inherited land and the cases that must go to court, see the land dispute guide.

Hypothetical example: three siblings inherit a plot with a house. Two want to sell and one wants to keep it. A direct application is likely to draw an objection. An administrator petition lets the court decide who administers and the sale can proceed under the court's supervision.

8. Checklist before you go

• Find out which Land Office covers the parcel, and call it first.
• Collect the title deed, the death certificate, ID and house registration for each heir, and proof of each heir's relationship.
• Find any will, and any earlier court order.
• Decide whether to keep or sell, because that decides whether you need an administrator.
• Ask the office what it needs for heirs who will not attend or who live abroad.
• If any heir is a foreigner, check Section 93 permission or the condominium rules before filing.
• Ask for the fee and tax computation on the day, and keep every receipt.

Further reading

• Inheritance and estate administration in Thailand
• Thai wife died, land in her name
• Land disputes and title deeds
• Foreign wills and inheritance
• Choosing an executor in a will

Inherited land moves at the Land Office by one of three routes, and the right route depends on whether the heirs agree, whether there is a will, and whether the land will be kept or sold.

We assist heirs with Land Office applications, administrator petitions and inheritance disputes. Initial consultation is free — call +66 92 254 2045 or send us the details. See also our estate services and land services.

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.