Losing a loved one is emotionally devastating, and the burden of managing their assets in a foreign country can make a difficult time feel impossible. If you are a beneficiary or a family member of an expat who passed away in the Kingdom, you will likely encounter the legal term probate in Thailand.
Unlike in many Western countries where "probate" refers specifically to validating a will, in Thailand, it generally refers to the court process of appointing an Administrator of the Estate (Executor). Without this court order, banks will freeze accounts, and the Land Department will refuse to transfer property titles—even if you have a valid Last Will and Testament. This guide provides a compassionate, step-by-step roadmap to navigating Thai inheritance laws in 2025.
Why You Can Trust Us
At Thai Investment Visa, we support expat families through every lifecycle stage, from their first visa application to retirement and beyond. We understand that estate administration is sensitive and urgent. We work alongside the Central Juvenile and Family Court and reputable litigation firms to ensure assets are released to heirs as quickly as possible. We know the specific requirements of major banks like Bangkok Bank and SCB, and we understand the heartache of dealing with bureaucracy while grieving. The advice below is verified against the latest Civil and Commercial Code updates for 2025.
What is Probate in Thailand?
In the Thai legal context, probate is the process of petitioning the court to appoint a person (the Administrator) to manage and distribute the deceased's assets.
- With a Will: The court confirms the Executor named in the will.
- Without a Will: The court appoints an Administrator (usually a close relative) based on statutory heir hierarchy.
Crucial Fact: A foreign Will (e.g., from the UK or USA) is not automatically effective in Thailand. It serves as evidence of intention, but you still need a Thai court order to unlock Thai assets.
When is Probate Required?
You almost always need to go to court if the deceased left behind:
- Real Estate: Condos or land titles (Chanote).
- Bank Accounts: Any account with a significant balance (usually over 50,000 THB).
- Vehicles: Cars or motorbikes registered in their name.
- Shares: Ownership in a Thai Limited Company.
Note: If the deceased only had small personal effects (clothing, cash in a wallet), probate may not be necessary.
The Statutory Heirs: Who Inherits If There Is No Will?
If the deceased did not leave a valid will (Intestacy), Thai law dictates the order of inheritance. Under Section 1629 of the Civil and Commercial Code, there are six classes of statutory heirs:
- Descendants (Children).
- Parents.
- Brothers and Sisters of full blood.
- Brothers and Sisters of half blood.
- Grandparents.
- Uncles and Aunts.
Spouse's Right: A legal spouse (registered marriage) is a special statutory heir. If there are children, the spouse gets an equal share to each child. If there are no children, the spouse's share increases.
The Probate Process: Step-by-Step
Step 1: Petition Filing
Your lawyer files a petition with the court in the province where the deceased resided or where the major assets are located.
- Documents Needed: Death certificate, passport of deceased, proof of relationship (birth/marriage certificates), asset list (title deeds/bank books), and the Will (if any).
Step 2: The Court Hearing
Approximately 45 to 60 days after filing, a hearing is scheduled.
- Testimony: The proposed administrator must appear in court (or via video link if permitted) to testify they are fit to manage the estate.
- Unopposed: If no other heirs object, the hearing is very short (often 10-15 minutes).
Step 3: The Court Order
If the judge is satisfied, they issue an order appointing the Administrator.
- Waiting Period: You must wait 30 days after the order is signed to allow for any appeals.
- Final Decree: After 30 days, you receive the "Certificate of Final Judgment" (Red Garuda Emblem). This is the golden ticket that unlocks the assets.
Step 4: Asset Transfer
The Administrator takes the Final Decree to:
- The Bank: To close accounts and withdraw funds.
- The Land Office: To transfer title deeds to the heirs.
- The DBD: To transfer company shares.
Timeline: How Long Does It Take?
In 2025, a straightforward, uncontested probate case takes approximately 3 to 5 months from hiring a lawyer to receiving the final court documents.
- Filing to Hearing: ~2 months.
- Hearing to Final Order: ~1 month.
- Asset Collection: ~1 month (depending on efficiency).
Inheritance Tax in Thailand (2025 Rates)
Good news for most families: Thailand’s inheritance tax has a very high threshold.
- Threshold: Tax is only applied to estates valued over 100 Million THB (approx. $3 Million USD).
- Rate:
- 5% for ascendants (parents) and descendants (children).
- 10% for others.
- If the estate is worth less than 100 Million THB, there is generally 0% inheritance tax.
Top Law Firms for Probate in Thailand
Handling an estate requires sensitivity and strict attention to detail. Below are reputable firms known for their family law and probate services.
Company NameSpecialtyLocationContactIsaan LawyersExpats in NE, Family LawKorat (Nakhon Ratchasima)www.isaanlawyers.comSiam Legal InternationalProbate, Will DraftingBangkok (Asoke)www.siam-legal.comMagna Carta Law FirmEstate Planning, Pattaya ExpatsPattaya (Chonburi)www.magnacarta.co.thTilleke & GibbinsHigh Net Worth EstatesBangkok (Rama 3)www.tilleke.comMahanakorn PartnersInternational Estate AdministrationBangkok (Sathorn)www.mahanakornpartners.com
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Contact Information for Assistance
- Isaan Lawyers
- Phone: +66 83 342 6668
- Address: 992/35 Mittraphap Road, Nai Mueang, Nakhon Ratchasima.
- Why them: They have successfully handled hundreds of estates for foreigners married to locals in the Isaan region, offering very competitive rates.
- Magna Carta Law Firm
- Phone: +66 38 373 735
- Address: South Pattaya Road, Nongprue, Banglamung, Chonburi.
- Why them: A dominant force in Pattaya, excellent for retirees with condos and assets on the Eastern Seaboard.
- Siam Legal International
- Phone: +66 2 254 8900
- Address: Interchange 21 Building, Asoke, Bangkok.
- Why them: Their team is fluent in English and can handle the translation and legalization of foreign death certificates efficiently.
Frequently Asked Questions
Can I do probate remotely?
Generally, the Administrator needs to appear in court once. However, in 2025, some courts allow testimony via video conference app (like Google Meet or Line Video) if you are abroad, but this is at the judge's discretion. You will definitely need to be physically present in Thailand later to close bank accounts at the branch.
What if the deceased had a "Mia Noi" (Mistress)?
Under Thai law, only the legal spouse (registered marriage) is a statutory heir. A mistress or common-law partner has no automatic right to inherit unless they are specifically named in a Will.
How much does a probate lawyer cost?
Fees vary by complexity and asset value. For a standard uncontested case, expect to pay between 30,000 to 60,000 THB. If the estate involves complex land transfers or disputes between heirs, fees can be higher or calculated as a percentage of the estate.
Can a foreigner be the Administrator?
Yes. A foreigner (e.g., the son or daughter of the deceased) can be appointed as the Administrator of the Estate. However, it is often practical to appoint a lawyer or a Thai relative as a co-administrator to handle the Thai language paperwork at the Land Department.
What happens to the debts of the deceased?
Heirs are not personally liable for the deceased's debts. Debts are paid from the estate assets. If the debts exceed the assets, the heirs simply receive nothing, but they do not have to pay the difference from their own pockets.
References
- Civil and Commercial Code - Succession and Inheritance Laws
- Department of Lands - Transfer of Property by Inheritance
- Revenue Department - Inheritance Tax Act
- Isaan Lawyers - Probate Services Guide
- Siam Legal - Inheritance & Will Services
