One of the first questions foreign residents ask when they decide to make a will in Thailand is how much the whole process will cost.1 The second question that follows quickly is how long probate takes if something goes wrong or when the time comes to administer the estate.2 Both questions have practical answers, and understanding those answers in advance allows you to plan your estate properly and avoid unpleasant surprises.3
The Cost of Making a Will in Thailand
There is no government-mandated fee for making a will in Thailand, which means the cost depends almost entirely on the form of will you choose and whether you engage a lawyer to help you.4
A holographic will under Section 1657 of the Civil and Commercial Code costs nothing if you write it yourself entirely by hand.5 The only condition is that every word, the date, and your signature must be in your own handwriting, with no typewritten element whatsoever.6 Many people seek legal advice even for a holographic will simply to confirm that the document meets all legal requirements before they rely on it.7
An ordinary written will prepared by a Thai lawyer typically costs somewhere in the range of 3,000 to 15,000 Thai Baht, depending on the complexity of the estate, the number of assets covered, and the law firm you choose.8 This fee covers the drafting of the document and usually a consultation to discuss your wishes and the structure of the will.9 Fees at reputable Chiang Mai law firms serving the foreign community tend to sit toward the middle of that range for a straightforward single-property will.10
An official document will under Section 1658 requires a visit to the District Office and a small administrative fee paid to the district, currently reported to be around 30 Thai Baht, though you should call ahead to confirm because government fees are subject to change.11 If you also engage a lawyer to prepare the draft and accompany you to the District Office, that professional fee will be separate and will vary by firm.12
What Drives the Cost of a More Complex Will
If your estate includes multiple properties, business interests, or assets in more than one country, the drafting fee will naturally be higher than the range quoted above.13 A will that deals with Thai land, a Thai company, and a foreign investment account all at once is a more involved document than one that covers a single condominium unit.14 It is also worth noting that if any of your supporting documents are in a foreign language, certified Thai translation is required before courts and government offices will accept them, and that translation cost adds to the total.15
The Cost of Probate in Chiang Mai
Probate in Thailand most commonly means applying to the court for the appointment of an estate administrator under Section 1711 of the Civil and Commercial Code.16 The filing fee at court is 200 THB where there is no dispute. If the matter becomes disputed, it is treated as a civil case and the fee is 2% of the disputed amount.17
In addition to the court filing fee, you will typically pay your lawyer a professional fee for handling the court application.19 That fee varies by firm, by the complexity of the estate, and by the number of heirs involved.20 A straightforward single-heir application in Chiang Mai is generally less expensive than a multi-heir application where different parties must be located, notified, and brought into the process.21
How Long Does Probate Take in Chiang Mai?
The Chiang Mai Provincial Court has jurisdiction over probate matters for people who were domiciled in Chiang Mai at the time of their death.22 For a straightforward case with no disputed heirs and a clear, valid Thai will, the process of obtaining an estate administrator appointment typically takes approximately six to nine months from the date of filing.23 This timeline assumes that all documents are in order, that the will is not challenged, and that the court’s docket is not unusually backlogged at the time.24
When there is a dispute among heirs, a challenge to the validity of the will, or uncertainty about the identity of the beneficiaries, the timeline becomes much longer.25 Contested probate matters in Thailand can take one to three years or more to resolve, and in particularly complex cases the litigation can extend even beyond that range.26 The cost of legal representation rises correspondingly when a case is contested.27
Why Having a Thai Will Saves Time and Money
Having a properly drafted Thai will makes a significant practical difference to both the cost and the timeline of the probate process.28 When a valid Thai will exists, the court can focus its attention on appointing the administrator and confirming the distribution of assets, rather than spending time determining whether the document before it meets Thai legal standards.29 When the estate is handled without any will, the court must first verify all heirs and their legal shares under the statutory succession rules before it can appoint an administrator, and this verification step adds both time and cost.30
A foreign will can be used to administer Thai assets, but the court must evaluate whether the foreign document complies with the law of the country where it was made or with Thai law, and a certified translation must be produced if the document is not in Thai.31 These additional steps typically add months to the process and increase the total professional fees paid to lawyers and translators.32
Land Department Transfer Fees
Once the estate administrator has been appointed and the court has issued the relevant order, the actual transfer of land or condominium title at the Land Department involves a separate transfer fee.33 For inheritance transfers, the Land Department generally applies a fee of 2% of the appraised value of the property.34 In certain cases where the transfer is between direct bloodline relatives, a reduced rate of 0.5% may apply, but you should confirm current rates with the Land Department or your lawyer at the time of the transfer, as these rates are subject to policy changes.35
The Limitation Period for Estate Claims
Foreign residents who inherit Thai assets should be aware of a critical time limit.36 Under Section 1754 of the Civil and Commercial Code, heirs who do not act within one year of learning about the death lose the right to make claims against each other, subject to an absolute outer limit of ten years from the date of death.37 Delaying the probate process therefore carries a real legal risk, not just a practical inconvenience.38
ห้ามมิให้ฟ้องคดีมรดกเมื่อพ้นกำหนดหนึ่งปี นับแต่เมื่อเจ้ามรดกตาย หรือนับแต่เมื่อทายาทโดยธรรมได้รู้ หรือควรได้รู้ถึงความตายของเจ้ามรดก
Bottom Line
Making a simple Thai will costs roughly 3,000 to 15,000 Thai Baht in lawyer fees, or nothing at all if you choose the handwritten holographic form.39 Probate in Chiang Mai for an uncontested estate typically takes six to nine months and costs a 200 THB court filing fee, plus professional fees.40 A contested estate can take one to three years or longer and costs significantly more.41 Having a clear, properly executed Thai will in place is the single most effective step a foreign resident can take to keep the probate process short and affordable for the people they leave behind.42
Frequently Asked Questions
Q: If I already have a will from my home country, do I still need to pay a Thai lawyer to make a separate Thai will?
You are not legally required to use a Thai lawyer, but doing so is strongly recommended for anyone with Thai assets. Your home country will can technically be used in Thailand, but the court will require a certified Thai translation and authentication of the foreign document before it can act on it. Having a properly drafted Thai will removes those steps entirely and usually saves your family far more in translation and delay costs than the lawyer fee itself.
Q: The court filing fee is based on the appraised value of the estate. Who decides what the estate is worth?
The value is generally based on the official appraisal figures used by the government, not the market price you paid or the current sale value. For land and condominiums, the Land Department maintains its own appraisal rates that are typically lower than market value. This means the court filing fee is often calculated on a lower figure than you might expect, which can reduce the cost of probate somewhat compared to what a 1% rate on market value would imply.
Q: Can I save money by acting as my own estate administrator instead of hiring a lawyer to run the probate process?
An heir or beneficiary who lives in Thailand can in principle apply to the court without a lawyer and handle the administration personally. In practice, Thai probate involves submitting documents in Thai, attending court hearings where judges ask questions in Thai, and dealing with the Land Department and Thai banks, all of which require Thai language ability and familiarity with local procedures. Most foreigners find that the cost of a lawyer is far outweighed by the time and errors avoided, particularly given that the administrator is personally liable for any mistakes made during the administration.
Q: What happens if I die in Chiang Mai without any will at all?
Your estate will be distributed according to the statutory succession rules in the Civil and Commercial Code, which divide assets among your legal heirs in a fixed order of priority. A family member or other interested party will need to apply to the Chiang Mai Provincial Court for appointment as estate administrator before any asset can be transferred, and the court will need to verify the identity and legal relationship of all heirs before making that appointment. This process typically takes longer and costs more than the same process when a valid will already exists, and it can become significantly more complicated if your heirs live in different countries.
Q: Is there a deadline for starting probate after someone dies?
There is no rule that requires probate to begin within a specific number of days after death, but waiting creates real legal risk. Under Section 1754 of the Civil and Commercial Code, the right to bring claims against other heirs is cut off one year after you learn of the death, and an absolute time limit of ten years runs from the date of death regardless of when you found out. Starting the process promptly after death is the safest approach, and most lawyers advise beginning as soon as the family has gathered the necessary documents.
References
- 1 Thap-attanon, Prateep. (2020). Self-Help Guide to Estate Administration. Krungsiam Publishing, p. X; Office of the Attorney General. (2022). Handbook on Estate Administration for the Public, p. 15.
- 2 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. 289.
- 3 Office of the Attorney General. (2022). Handbook on Estate Administration for the Public, p. 45-48; Thap-attanon, Prateep. (2020). Self-Help Guide to Estate Administration. Krungsiam Publishing, p. X.
- 4 Thap-attanon, Prateep. (2020). Self-Help Guide to Estate Administration. Krungsiam Publishing, p. X; Civil and Commercial Code (CCC) Section 1648.
- 5 CCC Section 1657; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code. Faculty of Law, Thammasat University, p. 181.
- 6 CCC Section 1657; Direk Udomsak, Wichian. (2024). Civil Law Commentary, Volume 4. Jurisprudence Group, p. 447.
- 7 Chatnakrob, p. 181; Thap-attanon, p. X.
- 8 Thap-attanon, p. X; Office of the Attorney General. (2022). Handbook on Estate Administration for the Public, p. 15.
- 9 Thap-attanon, p. X; Direk Udomsak, p. 441.
- 10 Office of the Attorney General. (2022). Handbook on Estate Administration for the Public, p. 15; Thap-attanon, p. X.
- 11 CCC Section 1658; Department of Provincial Administration. (2026). Operational Manual on Wills, p. 30.
- 12 Department of Provincial Administration. (2026). Operational Manual on Wills, p. 30; Thap-attanon, p. X.
- 13 Thap-attanon, p. X; Chatnakrob, p. 289.
- 14 Direk Udomsak, p. 441; Thap-attanon, p. X.
- 15 Office of the Attorney General. (2022). Handbook on Estate Administration for the Public, p. 42; Conflict of Laws Act B.E. 2481 Section 40.
- 16 CCC Section 1711; Chatnakrob, p. 289.
- 17 Office of the Attorney General. (2022). Handbook on Estate Administration for the Public, p. 48; CCC Section 1711.
- 18 Office of the Attorney General. (2022). Handbook on Estate Administration for the Public, p. 48; Chatnakrob, p. 289.
- 19 Thap-attanon, p. X; Office of the Attorney General. (2022). Handbook on Estate Administration for the Public, p. 48.
- 20 Office of the Attorney General. (2022). Handbook on Estate Administration for the Public, p. 48; Iamplubnyai, Somlak. (2022). Succession Cases (2nd ed.). Nitidham Publishing, p. 210.
- 21 Office of the Attorney General. (2022). Handbook on Estate Administration for the Public, p. 45; Chatnakrob, p. 295.
- 22 CCC Section 4; Office of the Attorney General. (2022). Handbook on Estate Administration for the Public, p. 48.
- 23 Office of the Attorney General. (2022). Handbook on Estate Administration for the Public, p. 45; Chatnakrob, p. 289-295.
- 24 Office of the Attorney General. (2022). Handbook on Estate Administration for the Public, p. 45; Iamplubnyai, p. 210.
- 25 Office of the Attorney General. (2022). Handbook on Estate Administration for the Public, p. 46; Iamplubnyai, p. 210.
- 26 Office of the Attorney General. (2022). Handbook on Estate Administration for the Public, p. 46; Iamplubnyai, p. 210.
- 27 Iamplubnyai, p. 210; Thap-attanon, p. X.
- 28 CCC Section 1711-1713; Chatnakrob, p. 289-295.
- 29 CCC Section 1711; Chatnakrob, p. 289.
- 30 Office of the Attorney General. (2022). Handbook on Estate Administration for the Public, p. 46-47; Iamplubnyai, p. 210.
- 31 CCC Section 1667; Office of the Attorney General. (2022). Handbook on Estate Administration for the Public, p. 42.
- 32 Office of the Attorney General. (2022). Handbook on Estate Administration for the Public, p. 42; Conflict of Laws Act B.E. 2481 Section 40.
- 33 CCC Section 1711-1713; Chatnakrob, p. 295.
- 34 Department of Lands. (2016). Registration of Inheritance of Immovable Property, p. 30; Chatnakrob, p. 295.
- 35 Department of Lands. (2016). Registration of Inheritance of Immovable Property, p. 30; Thap-attanon, p. X.
- 36 CCC Section 1754; Chatnakrob, p. 345.
- 37 CCC Section 1754; Chatnakrob, p. 345.
- 38 CCC Section 1754; Iamplubnyai, p. 210.
- 39 CCC Section 1657; Thap-attanon, p. X.
- 40 Office of the Attorney General. (2022). Handbook on Estate Administration for the Public, p. 45, p. 48; CCC Section 1711.
- 41 Office of the Attorney General. (2022). Handbook on Estate Administration for the Public, p. 46; Iamplubnyai, p. 210.
- 42 CCC Section 1711-1713; Chatnakrob, p. 289-295.
Leave a Reply