A Will and Probate Lawyer in Chiang Mai Explains What Every Expat Needs to Know
By Aphiwat Bualoi, Attorney-at-Law — Will & Probate Lawyer, Chiang Mai
This is the question I hear more than any other from expats living in Thailand. Not about visas. Not about property. The question that keeps coming up in every consultation, every forum thread, every worried conversation over coffee is this: what actually happens to my Thai bank account when I die?
The short answer is uncomfortable. Your bank account gets frozen. Your Thai partner, your wife, your children, none of them can touch the money until a Thai court says they can. And that process takes months.
If you are a foreigner living in Thailand with money in a Thai bank, whether it is 800,000 baht sitting there for your retirement visa or your life savings, this article explains exactly what happens to that money when you die. More importantly, it explains what you can do right now to protect the people you care about.
Your Bank Account Gets Frozen
Thai banks are required to freeze an account once they learn that the account holder has died. This is not a policy that varies from bank to bank. It is a legal obligation. Bangkok Bank, Kasikorn Bank, SCB, Krungthai every bank in Thailand follows the same rule.
This creates a very real problem. For many retired expats, the Thai bank account is where the retirement visa money sits, at least 800,000 baht. That money was there to support the surviving partner. But the moment the account holder dies, it becomes unreachable.
I have seen cases where a Thai wife could not pay for her husband’s funeral because every baht was locked in a frozen bank account. The money existed. It was just legally untouchable.
There Is No “Beneficiary” System on Thai Bank Accounts
This is where the surprise hits hardest for expats from the United States, the United Kingdom, and Australia.
In the US, you can add a beneficiary to your bank account. When you die, the money goes directly to that person. No court, no lawyer, no waiting. It is called a “Transfer on Death” or “Payable on Death” designation. Many Americans assume Thailand has something similar. It does not.
In the UK and Australia, joint accounts or nominated beneficiaries can provide a similar shortcut. Again, Thailand does not offer this for bank accounts.
Thai banks do allow joint signatories on some accounts. But a joint signatory arrangement does not mean the surviving person owns the money. If the bank discovers the account holder has died, the account is frozen regardless of whether another name is on the account.
The only legal way to release funds from a deceased person’s Thai bank account is through a court order appointing an estate administrator. There is no shortcut around this.
The “ATM Card Plan” Is Not a Plan
I need to address this directly because it comes up in almost every conversation.
Many expats in Thailand have the same idea: give your partner the ATM card and PIN code, and after you die, she can just withdraw the money before the bank finds out. This is discussed openly on expat forums. Some people even consider it a reasonable estate plan.
It is not. Here is why.
It often fails in practice. Banks can learn about a death . The account can be frozen within hours. If your partner happens to be at the hospital, dealing with police, or managing funeral arrangements (as most partners are), she may not reach the bank in time.
Even if the withdrawal succeeds, it creates legal exposure. If any other heir a child from a previous marriage, a sibling, a parent challenges the estate, the person who withdrew the money faces both criminal and civil liability.
The ATM card plan is not a plan. It is a gamble that puts your partner at legal risk at the worst possible moment.
What Happens If You Die Without a Will
If you die without a Thai will, your Thai bank account is distributed according to Thailand’s statutory inheritance rules under Section 1629 of the Civil and Commercial Code. This system recognises six classes of heirs, and a surviving spouse, in a strict order of priority:
Class 1: Descendants (children, including adopted children)
Class 2: Parents
Class 3: Full siblings
Class 4: Half siblings
Class 5: Grandparents
Class 6: Uncles and aunts
A legally registered spouse is also a statutory heir, with a share determined by which class of heirs exists alongside them.
Here is what catches most expats off guard: if you are not legally married under Thai law, your Thai partner is not a statutory heir. She gets nothing. The money in your Thai bank account goes to your children, your parents, your siblings, whoever is highest in the statutory hierarchy. If you have no living relatives at all, the estate can eventually go to the state, although this is extremely rare in practice.
And critically, even if your partner is a statutory heir (because you are legally married), the estate still cannot be distributed without going through probate. Someone must petition the Thai court to be appointed as the estate administrator. The court must verify who the heirs are, confirm debts, and issue an order authorising the administrator to collect and distribute assets. Only then does the bank release the funds.
Without a will, this process typically takes six to twelve months. If there are disputes among heirs it can take much longer.
What Happens If You Have a Thai Will
Having a valid Thai will does not eliminate the need for probate. Even with a will, the court must validate it and formally appoint the executor you have named. This is a legal requirement. You cannot walk into a Thai bank with a will and a death certificate and expect them to hand over the money.
However, a Thai will makes the process significantly faster and smoother.
With a properly drafted Thai will, the executor can petition the court immediately. There is no question about who the heirs are, the will states it clearly. There is no confusion about who should manage the estate, the will names the executor. There is no fight over distribution the will sets it out.
In practice, with a well-prepared Thai will and a Thailand-based executor, the court appointment typically takes around 4-6 months.
A Thai will also lets you override the statutory heir system. Without a will, Thai law decides who gets what. With a will, you decide. You can leave your bank account to your Thai partner, to your children, to a friend, to a charity to whoever you choose.
How to Protect Your Partner or Spouse
If you are an expat living in Thailand with a Thai bank account and someone you want to protect, here is what I recommend as a Chiang Mai lawyer who handles will and probate cases:
Make a Thai will. This is the single most important step. A valid Thai will under Section 1656 of the Civil and Commercial Code requires only that it be written, dated, and signed by you in front of two witnesses who also sign. The will does not need to be in Thai, though having a bilingual version (Thai and English) makes court proceedings smoother. The will should specifically list your Thai bank accounts and name the person who should receive them.
Name an executor who is in Thailand. This matters more than most people realise. If your executor is your sister in London or your son in Sydney, they will need to travel to Thailand, and submit translated, notarised, and legalised documents. This adds months to the timeline. Naming an executor who is already in Thailand your partner, a trusted friend, dramatically speeds up the process.
Consider life insurance for immediate cash. A life insurance policy with a named beneficiary pays out directly to that person, usually within weeks, without going through probate. This gives your partner immediate liquidity to cover funeral costs, rent, and daily expenses while the probate process runs its course. For many expats, a modest life insurance policy is the most practical tool for bridging the gap between death and probate completion.
Do not rely on the ATM card. I cannot stress this enough. Even if it feels like the easiest solution, it is the most dangerous one for the person you are trying to protect.
No, the Thai Government Does Not Take Your Money
This is a common fear that I hear regularly: “If I don’t make a will, the Thai government takes everything.” This is almost always wrong.
Under Thai inheritance law, the estate goes to your statutory heirs, your spouse, children, parents, siblings, and so on. The state only inherits if there are absolutely no living heirs in any of the six classes and no surviving spouse. In decades of practice across the Thai legal profession, this scenario is extraordinarily rare.
That said, dying without a will does mean that Thai law decides who gets your money. And for many expats, especially those with children from a previous marriage and a Thai partner from a current relationship, the statutory outcome may look nothing like what they intended.
A will puts you back in control.
Frequently Asked Questions
Can my Thai wife use my ATM card after I die?
Legally, no. Once the account holder dies, the money belongs to the estate and can only be released by court order. Using the card after death exposes your wife to criminal liability.
How long does probate take for a bank account in Thailand?
With a valid Thai will and a local executor, the court appointment typically takes 4-6 months. Without a will, expect 6 to 12 months or longer.
Does the Thai government take my money if I have no will?
Almost never. Your estate goes to your statutory heirs under the Civil and Commercial Code. The state inherits only if there are no heirs at all.
Can I add my Thai girlfriend as a beneficiary on my bank account?
Thai banks do not offer beneficiary designations on deposit accounts the way US or UK banks do. The only reliable way to ensure your partner receives your bank funds is through a Thai will.
Do I need a separate Thai will if I already have one back home?
A foreign will can technically cover Thai assets, but it requires translation, legalization, and a more complex court process. A separate Thai will is faster, cheaper, and far less likely to create problems during probate.
About the Author
Aphiwat Bualoi is a Thai attorney specialising in wills, probate, and estate planning for expatriates and Thai nationals. Based in Chiang Mai, he provides straightforward, affordable will drafting and probate assistance in both Thai and English. If you would like to protect your Thai bank account and the people who depend on it, contact Aphiwat Law for a consultation.
Aphiwat Bualoi Law Office 
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