Aphiwat Bualoi Law Office

Can a Foreigner Inherit a Condo in Thailand?

Many foreigners living in Thailand own a condominium unit, and many more are thinking about buying one.1 A question that comes up frequently is whether a foreign heir can actually inherit that condo when the owner dies.2 The short answer is yes, but there are conditions and a formal legal process that must be followed.3

Why Condos Are Different from Land

Thailand has strict rules about foreigners owning land.5 Foreign nationals generally cannot hold title to land in Thailand, and if a foreigner inherits land, the Land Code requires that the land be sold within one year.6 Condominiums are treated differently under the Condominium Act B.E. 2522.7 Under this Act, foreigners are permitted to own units in a condominium building, and this right extends to inheritance.8

The Foreign Ownership Quota

The Condominium Act sets a limit on how much of any condominium building can be owned by foreigners.10 Under Section 19 of the Condominium Act, no more than 49 percent of the total unit area in any one building may be held by foreign nationals.11 This quota applies at the building level, not at the individual unit level.12

When a foreign national inherits a condo unit, the land office will check the foreign ownership quota for that building before allowing the title transfer.14 If the foreign ownership in the building is still below 49 percent, the heir can register the unit in his or her own name.15 If the transfer would push the building over the 49 percent limit, the foreign heir has the right to sell the unit but cannot register it in his or her name.16

What Happens to the Condo the Moment Someone Dies?

Under Section 1599 of the Civil and Commercial Code, the estate of the deceased passes to the heirs immediately at the moment of death by operation of law.18 However, this legal interest is not the same as having the title registered in the heir’s name.20 The title at the Land Department still shows the name of the deceased person until a formal process is completed.21 The heirs must go through a court process before the land office will change the title registration.22

Who Are the Heirs?

If the deceased did not leave a will, the condo passes to the statutory heirs under Thai law.23 Section 1629 of the Civil and Commercial Code establishes six classes of heirs, and Section 1630 sets the order of priority.24 The first class is descendants, meaning children and grandchildren.25 A registered surviving spouse, whether Thai or foreign, inherits alongside whichever class of heirs is present.26

If the deceased left a will, the will determines who receives the condo and in what proportion.28 A valid Thai will can leave the condo to any person, including a foreign national.29 Thai law does not reserve a forced share for children or other relatives, so a person is free to leave his or her entire estate to whoever they choose.30

The Court Process: Appointing an Estate Administrator

The heirs cannot simply walk into the Land Department and ask for the title to be transferred.31 The law requires that the family first obtain a court order appointing an estate administrator.32 This requirement applies whether the deceased left a will or not.33

Under Sections 1711 to 1713 of the Civil and Commercial Code, the estate administrator is a person appointed by the court to manage and distribute the estate.34 The application for an estate administrator must be filed at the provincial court where the deceased was domiciled or where the assets are located.35

The court process normally takes between three and twelve months, depending on whether all the heirs agree on who should be appointed as administrator.37 If all heirs agree and submit a joint application, the process tends to move faster.38 If there is a dispute, the court will need to hold hearings and consider evidence, which takes much longer.39

Transferring the Title at the Land Department

Once the court appoints an estate administrator, that administrator takes the court order to the Land Department to complete the title transfer.40 At this stage, the land office will check the foreign ownership quota in the building before registering the transfer in the foreign heir’s name.41 The heir pays a transfer fee to the Land Department at this stage.43

Practical Steps for Condo Owners in Thailand

Every foreigner who owns a condo in Thailand should take a few steps now to make the inheritance process easier for their family.53 First, check the foreign ownership quota in your building so you know whether a foreign heir can register the unit.54 Second, make a Thai will that names your preferred heirs and appoints a trusted estate administrator.55 Third, keep your documents organized and tell your family where they are kept so the court process can begin without delay.56

Bottom Line

A foreign national can inherit a Thai condominium unit, provided the foreign ownership quota in the building is not exceeded at the time of transfer.59 The title transfer requires a court order appointing an estate administrator, which normally takes three to twelve months.60 A well-drafted Thai will speeds up the process and ensures your condo goes to the person you intend.61

Frequently Asked Questions

Q1: My spouse is Thai and I am British. If I die, can she inherit my condo unit without going to court first?

Even a registered Thai spouse cannot simply walk into the Land Department and ask for the title to be changed without a court order. Thai law requires the appointment of an estate administrator by the court before any title transfer can happen. Your spouse would need to file an application at the provincial court, which typically takes three to twelve months if there is no dispute. Making a Thai will that names her as heir and nominates her as estate administrator can shorten this process considerably.

Q2: The foreign ownership quota in my building is already at 48 percent. Can my American daughter still inherit my unit?

Whether your daughter can register the unit in her name depends on the exact foreign ownership percentage at the time the Land Department processes the transfer, not at the time of your death. If the quota has reached or exceeded 49 percent by then, she will not be able to register the unit in her own name but will still have the right to sell it.

Q3: I have a will from my home country. Does that will also cover my Thai condo?

A will made in your home country may be recognized in Thailand under certain conditions, but the process is more complicated than using a Thai will. The foreign will would need to be translated into Thai, certified, and in some cases authenticated by Thai authorities before a Thai court will act on it. Using a separate Thai will that specifically covers your Thai assets is almost always faster and more straightforward.

Q4: My father died without a will. There are three children from two different marriages. Who gets the condo?

When there is no will, the Civil and Commercial Code determines the shares. All children of the deceased, regardless of which marriage they came from, are treated as heirs of equal standing in the first class of heirs.

Q5: How much does it cost to transfer a condo through inheritance in Thailand?

The main official cost is the transfer fee charged by the Land Department, calculated as a percentage of the appraised value of the unit set by the government. Inheritance transfers typically attract a lower fee rate than ordinary sales. In addition, you should expect court filing fees and legal fees if you hire a lawyer.

References

  1. 1 Condominium Act Section 19; Department of Lands. (2016). Registration of Inheritance of Immovable Property, p.15
  2. 2 Condominium Act Section 19bis; Department of Lands. (2016). Registration of Inheritance of Immovable Property, p.20
  3. 3 Condominium Act Section 19bis; Office of the Attorney General. (2022). Handbook on Estate Administration for the Public, p.40
  4. 4 Office of the Attorney General. (2022). Handbook on Estate Administration for the Public, pp.40-50; Department of Lands. (2016). Registration of Inheritance of Immovable Property, p.10
  5. 5 Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code. Faculty of Law, Thammasat University, p.68; Department of Lands. (2016). Registration of Inheritance of Immovable Property, p.15
  6. 6 Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code. Faculty of Law, Thammasat University, p.68; Department of Lands. (2016). Registration of Inheritance of Immovable Property, p.22
  7. 7 Condominium Act Section 19; Department of Lands. (2016). Registration of Inheritance of Immovable Property, p.15
  8. 8 Condominium Act Section 19bis; Department of Lands. (2016). Registration of Inheritance of Immovable Property, p.20
  9. 9 Condominium Act Section 19; Department of Lands. (2016). Registration of Inheritance of Immovable Property, p.15
  10. 10 Condominium Act Section 19; Department of Lands. (2016). Registration of Inheritance of Immovable Property, p.15
  11. 11 Condominium Act Section 19; Department of Lands. (2016). Registration of Inheritance of Immovable Property, p.15
  12. 12 Condominium Act Section 19; Department of Lands. (2016). Registration of Inheritance of Immovable Property, p.15
  13. 13 Condominium Act Section 19bis; Department of Lands. (2016). Registration of Inheritance of Immovable Property, pp.20-22
  14. 14 Condominium Act Section 19bis; Department of Lands. (2016). Registration of Inheritance of Immovable Property, p.20
  15. 15 Condominium Act Section 19bis; Department of Lands. (2016). Registration of Inheritance of Immovable Property, pp.20-22
  16. 16 Condominium Act Section 19bis paragraph 3; Department of Lands. (2016). Registration of Inheritance of Immovable Property, p.22
  17. 17 Condominium Act Section 19bis paragraph 3; Department of Lands. (2016). Registration of Inheritance of Immovable Property, p.22
  18. 18 CCC Section 1599; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code. Faculty of Law, Thammasat University, p.1
  19. 19 CCC Section 1599; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code. Faculty of Law, Thammasat University, p.1
  20. 20 CCC Section 1599; Department of Lands. (2016). Registration of Inheritance of Immovable Property, p.10
  21. 21 Department of Lands. (2016). Registration of Inheritance of Immovable Property, pp.10-15; Office of the Attorney General. (2022). Handbook on Estate Administration for the Public, p.40
  22. 22 Office of the Attorney General. (2022). Handbook on Estate Administration for the Public, pp.40-50; CCC Section 1711
  23. 23 CCC Section 1629; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code. Faculty of Law, Thammasat University, p.31
  24. 24 CCC Sections 1629, 1630; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code. Faculty of Law, Thammasat University, p.31
  25. 25 CCC Section 1629; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code. Faculty of Law, Thammasat University, p.31
  26. 26 CCC Section 1635; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code. Faculty of Law, Thammasat University, pp.67-68
  27. 28 CCC Section 1648; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code. Faculty of Law, Thammasat University, p.131
  28. 29 CCC Sections 1648-1657; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code. Faculty of Law, Thammasat University, pp.131-145
  29. 30 CCC Sections 1648-1657; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code. Faculty of Law, Thammasat University, p.131
  30. 31 Office of the Attorney General. (2022). Handbook on Estate Administration for the Public, p.40; Department of Lands. (2016). Registration of Inheritance of Immovable Property, p.10
  31. 32 Office of the Attorney General. (2022). Handbook on Estate Administration for the Public, pp.40-50; CCC Sections 1711-1713
  32. 33 Office of the Attorney General. (2022). Handbook on Estate Administration for the Public, p.42; CCC Section 1711
  33. 34 CCC Sections 1711-1713; Office of the Attorney General. (2022). Handbook on Estate Administration for the Public, p.42
  34. 35 Office of the Attorney General. (2022). Handbook on Estate Administration for the Public, p.42; CCC Section 1711
  35. 36 Office of the Attorney General. (2022). Handbook on Estate Administration for the Public, p.42; CCC Section 1711
  36. 37 Office of the Attorney General. (2022). Handbook on Estate Administration for the Public, p.45
  37. 38 Office of the Attorney General. (2022). Handbook on Estate Administration for the Public, p.45
  38. 39 Office of the Attorney General. (2022). Handbook on Estate Administration for the Public, p.45
  39. 40 Office of the Attorney General. (2022). Handbook on Estate Administration for the Public, pp.45-50; Department of Lands. (2016). Registration of Inheritance of Immovable Property, p.25
  40. 41 Condominium Act Section 19bis; Department of Lands. (2016). Registration of Inheritance of Immovable Property, pp.20-22
  41. 42 Department of Lands. (2016). Registration of Inheritance of Immovable Property, pp.25-30; Office of the Attorney General. (2022). Handbook on Estate Administration for the Public, p.50
  42. 43 Department of Lands. (2016). Registration of Inheritance of Immovable Property, pp.25-30
  43. 44 Department of Lands. (2016). Registration of Inheritance of Immovable Property, pp.25-30
  44. 45 CCC Section 1599; Department of Lands. (2016). Registration of Inheritance of Immovable Property, p.10
  45. 46 Department of Lands. (2016). Registration of Inheritance of Immovable Property, pp.25-30; Office of the Attorney General. (2022). Handbook on Estate Administration for the Public, p.50
  46. 49 CCC Sections 1629, 1630; Office of the Attorney General. (2022). Handbook on Estate Administration for the Public, p.45
  47. 50 CCC Section 1629; Office of the Attorney General. (2022). Handbook on Estate Administration for the Public, p.45
  48. 51 Office of the Attorney General. (2022). Handbook on Estate Administration for the Public, p.45; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code. Faculty of Law, Thammasat University, p.31
  49. 52 CCC Section 1629; Office of the Attorney General. (2022). Handbook on Estate Administration for the Public, p.45
  50. 53 Condominium Act Section 19; Department of Lands. (2016). Registration of Inheritance of Immovable Property, p.15
  51. 54 Condominium Act Section 19; Department of Lands. (2016). Registration of Inheritance of Immovable Property, p.15
  52. 55 CCC Section 1711; Office of the Attorney General. (2022). Handbook on Estate Administration for the Public, p.42
  53. 56 Department of Lands. (2016). Registration of Inheritance of Immovable Property, p.25; Office of the Attorney General. (2022). Handbook on Estate Administration for the Public, p.40
  54. 57 Conflict of Laws Act B.E. 2481 Section 20; Office of the Attorney General. (2022). Handbook on Estate Administration for the Public, p.40
  55. 59 Condominium Act Section 19bis; Department of Lands. (2016). Registration of Inheritance of Immovable Property, pp.20-22
  56. 60 Office of the Attorney General. (2022). Handbook on Estate Administration for the Public, p.45; CCC Sections 1711-1713
  57. 61 CCC Section 1711; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code. Faculty of Law, Thammasat University, p.131
  58. 62 Office of the Attorney General. (2022). Handbook on Estate Administration for the Public, p.40; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code. Faculty of Law, Thammasat University, p.1
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