Thailand Law Online
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| Term | Definition |
|---|---|
| Probate |
a court process required to validate a will or appoint an administrator to distribute the estate of a deceased person in Thailand. This process applies whether the person died with a Thai will, a foreign will, or without any will at all (click to read more about the court procedure...).
Synonyms:
succession processProbate in Thailand for ForeignersIf you are a foreigner with assets in Thailand, such as a condominium, bank account, vehicle, or Thai-registered company, your estate must go through the Thai probate court before any property can be legally transferred. Practical Information for Expats and Foreigners
Exceptions: When Thai Probate May Not Be RequiredIn some situations, where a foreign will has already gone through probate in the deceased’s home country, a separate probate case in Thailand may not be required. Whether this is possible depends on the type of asset and the rules or practice of the institution involved. In practice, some Thai Land Offices may accept a foreign probate judgment—if it is properly legalised, translated into Thai, and certified—for the purpose of transferring ownership of a foreign-owned condominium registered in the deceased’s name. Where this is accepted, the heir can sometimes proceed without starting a new probate process in Thailand. However, this outcome is not guaranteed. Acceptance depends on:
For other asset types, such as Thai bank accounts or company shares, a Thai probate court order is usually still required, even if a foreign probate judgment exists. In practice, the “foreign probate only” route should be treated as a possibility to explore with the relevant institution or a local lawyer, rather than something you can automatically rely on. Why probate is important for foreigners in ThailandThai law does not recognize automatic inheritance. Banks, land offices, and other authorities require a Thai court order before releasing or transferring any assets. Without probate, even a valid will (Thai or foreign) cannot be enforced. Example“A British expat passed away in Thailand leaving a Thai bank account and a condominium. Even though he had a valid UK will, his son had to apply for probate in the Thai court before accessing the estate.” Probate – FAQsDo Thai courts automatically recognize a foreign probate order?No. A foreign probate or grant is not self-executing in Thailand. It can be filed as evidence, but you still need to apply to a Thai court to appoint an estate administrator. If foreign probate is done, do I still need Thai probate?Usually yes for Thai bank accounts and company shares. Some Land Offices may accept a properly legalised and translated foreign probate for condominium transfer, but this is discretionary. Can a foreigner be an administrator or executor of an estate in Thailand?Yes. Foreigners can be appointed by a Thai court as the estate administrator (similar to an executor). In court proceedings they normally act through a Thai lawyer holding a power of attorney. Under the Civil Procedure Code, a lawyer can represent a party in court, so the foreign administrator usually does not have to appear in person unless the judge specifically orders it. Read more: Administrator (“Executor”) in a Thai Will |