Thai Assets in an International Estate: Working with Overseas Probate and Estate Advisers

The core answer

When someone dies with assets in Thailand, a Thai process is usually needed even if a grant has been issued abroad. Thai banks, land offices and companies generally act on an order of a Thai court appointing an estate administrator. The home-country adviser runs the estate as a whole, and Thai counsel handles the Thai part. The work goes best when both agree early which law applies, which documents are needed and who decides what.

The rule (Act on Conflict of Laws and Civil and Commercial Code). Under the Act on Conflict of Laws B.E. 2481, succession to immovable property follows the law of the place where it is situated (section 37), and succession to movable property follows the law of the deceased's domicile at death (section 38). Capacity to make a will follows the testator's nationality (section 39). The form of a will may follow either the testator's national law or the law of the place where it was made (section 40), and its effect and interpretation follow the law of the domicile at death (section 41). Under the Civil and Commercial Code an heir, an interested person or the public prosecutor may petition the court to appoint an administrator (section 1713), and heirs are liable for the deceased's debts only up to the value of what they inherit (section 1601).

Our practical view. Map the Thai assets first. Agree which law applies to each asset and what documents the Thai court will need. Name one coordinator. Raise land and condominium questions for foreign heirs at the start, not at transfer.

For the family's view of a foreign will, see a foreign will and inheritance in Thailand.

1. Who does what?

Change the table to fit the estate. If the deceased lived in Thailand, more of the work moves to the Thai side.

2. Which Thai assets need mapping?

• Bank accounts. Usually frozen once the bank learns of the death, and released to a court-appointed administrator.
• Land and houses. A foreigner can rarely have held Thai land in their own name. Check the title deed, and check whether the deceased held a lease or a usufruct instead. A usufruct ends on the usufructuary's death, and a lease is generally treated as personal to the tenant, so do not assume either passes to heirs. See usufruct for a foreign spouse.
• Condominium units. Title in the deceased's name, within the building's foreign quota.
• Shares in a Thai company. Check the articles, the share register and any shareholders' agreement. If the deceased was the sole director, the company may be unable to act. See when a sole director dies.
• Vehicles, receivables and personal property.
• Debts. Thai creditors can claim against the estate. Heirs are liable only up to the value of what they inherit (section 1601).

3. What documents will the Thai court need?

• death certificate
• the will, if any, and any foreign grant of probate or letters of administration
• documents proving family relationships: birth and marriage certificates
• passports or identity documents of the heirs and the proposed administrator
• consents of the heirs to the proposed administrator, where obtainable
• powers of attorney for Thai counsel

Formalities. Documents made abroad usually need notarisation and legalisation through a Thai embassy or consulate. Thailand has joined the Apostille Convention, which takes effect for Thailand on 28 February 2027; from then, an apostille will replace legalisation for documents from other Convention states. When a foreign-language document is filed in a Thai court, the court orders a certified Thai translation of the whole or the essential parts (Civil Procedure Code section 46). See documents that need notarisation.

4. How does the Thai court process work?

1. Thai counsel files a petition to appoint an administrator, with the documents above.
2. The court gives public notice so that anyone with an interest can object.
3. At the hearing, the petitioner gives evidence on the death, the heirs and the assets.
4. The court issues an order appointing the administrator.
5. The administrator collects the Thai assets, pays debts and transfers assets to the heirs.

An heir who disagrees can object to the petition. A contested petition takes longer and may need separate counsel for each side. For the process in detail, see petitioning the court to appoint an estate administrator.

5. Can a foreign heir receive Thai land or a condominium?

Land. Foreigners generally cannot own Thai land (Land Code section 86). A foreigner who inherits as a statutory heir may apply for the Minister's permission, within the limits set by the Land Code (section 93). Without permission, the land must be disposed of within the period set by the Director-General of the Department of Lands, not less than 180 days and not more than one year (section 94). Selling the land and passing the proceeds to the heir is often the practical route. See transferring inherited land at the Land Office.

Condominium units. Foreigners may own units within the building's foreign quota, normally up to 49% of the total floor area of all units, subject to the conditions in the Condominium Act (section 19 bis). A foreign heir who cannot hold the unit within those rules must dispose of it as the Act requires (section 19 quinquies). Check the quota with the building's juristic person before promising the heir the unit.

6. What should the home-country specialists confirm?

Thai counsel will need answers from the home side on:

• Domicile at death. It decides which law governs movables under section 38.
• Validity of a foreign will under the law that governs its form and effect.
• The foreign grant, and whether the home court's order covers worldwide assets.
• Home-country tax on the estate and on transfers to heirs.
• Trusts. Thai law does not recognise trusts in the same way. Raise any trust early.
• Marital property. A surviving spouse may be entitled to a share before the estate is divided.

7. Sample estate status report (fictional)

The example below is entirely fictional. The estate, the assets and the dates are invented to show the format.

ESTATE STATUS — Estate of [deceased] (fictional)
Prepared for: [home-country adviser]       Date: [date]

A. THAI ASSETS
Asset                          Status                        Next step
Bank account, [bank]           Frozen; court order needed    Present order once issued
Condominium unit, [city]       Title in deceased's name      Check foreign quota for heir
30% shareholding in            Share register checked        Register transfer after order
  Example Co., Ltd. (fictional)
Car                            Registration book located     Transfer after order

B. COURT
Petition filed [date]. Hearing set for [date].

C. DOCUMENTS OUTSTANDING
- Legalised copy of the foreign grant
- Certified Thai translation of the will (essential parts)

D. DECISIONS NEEDED
- Heirs to confirm who will be proposed as administrator.

E. QUESTIONS FOR HOME-COUNTRY ADVISERS
- Confirm domicile at death (decides the law for movables).

8. What if the heirs disagree?

Decide at the start who Thai counsel acts for: the proposed administrator, the estate as a whole, or one heir. If heirs are in dispute, they may need separate counsel. Under the Lawyers Council's rules of conduct, a lawyer must not act for the other side in a matter in which the lawyer has already advised. Thai counsel should check conflicts against every heir and known creditor before accepting the instruction.

An administrator's duties run to all heirs. A home-country adviser who acts for one heir only should say so to Thai counsel at intake.

9. Checklist

1. List every Thai asset with its documents.
2. Agree which law applies to each type of asset.
3. Collect the death certificate, will, foreign grant and family documents.
4. Arrange notarisation, legalisation and translations.
5. Agree who will be proposed as administrator.
6. Check land and condominium rules for foreign heirs early.
7. Ask Thai and home-country tax advisers to compare notes.
8. Name one coordinator and agree reporting.

Further reading

• A foreign will and inheritance in Thailand
• Inheritance and estate administration in Thailand
• Petitioning the court to appoint an estate administrator
• Transferring inherited land at the Land Office

Map the Thai assets, agree the governing law and documents early, and name one coordinator between the home-country adviser and Thai counsel.

We handle Thai estate administration and court petitions, instructed by the family directly or through its home-country adviser. For an initial consultation, call +66 92 254 2045 or send us the details. See also estates and inheritance, notary and translation and land and property.

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.