Aphiwat Bualoi Law Office

What Happens to Your Property in Thailand If You Die Without a Will?

A surprising number of foreigners living in Chiang Mai and other parts of Thailand have never made a Thai will.1 Some assume their home-country will covers everything, and some simply have not got around to it.2 Whatever the reason, dying without a will in Thailand sets in motion a fixed legal process that may produce results very different from what the person would have wanted.3 This article explains what Thai inheritance law says, who inherits, and what your family will have to do to get access to the property.4

The Moment of Death: When Does the Estate Pass?

Under Section 1599 of the Civil and Commercial Code, the estate of a person who has died passes to their heirs at the exact moment of death.5 This is the foundational rule of Thai succession law.6 There is no waiting period and no legal limbo.7 The heirs become the owners of the estate rights immediately, even before anyone goes to court.8

The estate itself is defined in Section 1600 as all property, rights, and duties that the deceased held at the time of death, except for those that were purely personal in nature and cannot be transferred.9 For a foreigner who owned a condo unit, held Thai bank accounts, or had other assets here, all of those items form part of the Thai estate.10

Which Law Applies to a Foreigner’s Thai Property?

Thailand’s Conflict of Laws Act B.E. 2481 decides which country’s law governs different types of assets in a cross-border estate.11 For immovable property, Section 37 states that Thai law applies because the condo or land is situated here.12 There is no option to apply British law, German law, or any other law to a condo in Thailand.13 The property follows Thai rules from the moment of death.14

For movable property, such as Thai bank accounts, Section 38 says the law of the deceased’s domicile at the time of death applies.15 Many long-term foreign residents of Thailand will be considered domiciled here, which means Thai law governs their bank accounts as well.16

The Six Classes of Heirs Under Thai Law

If there is no will, the estate passes to statutory heirs in the order set out in Section 1629 of the Civil and Commercial Code.17 Thai law recognizes six classes of heir:

1. Descendants (children, grandchildren)18 2. Parents19 3. Full siblings20 4. Half-siblings21 5. Grandparents22 6. Uncles and aunts23

Section 1630 states that only the highest class present in the family receives the inheritance.24 If the deceased had children, the parents receive nothing.25 If there are no children and no parents, the siblings inherit.26 Each class blocks the one below it, except where the rules on representation apply.27

This order can produce results that surprise people.28 If a foreign retiree dies with adult children from a previous marriage in another country, those children will be the heirs of the Thai condo, not the partner the retiree was living with in Chiang Mai.29

The Surviving Spouse: Registered Marriage Only

A surviving spouse inherits alongside the other heirs under Section 1635, but only if the marriage was a registered marriage.30 The share the spouse receives depends on which other heirs are present.31

If there are children, the spouse receives half of the estate and the children share the other half equally among themselves.32 If there are no children but there are parents, the spouse receives half and the parents share the remaining half.33 If there are no children and no parents, but there are siblings, the spouse receives two-thirds and the siblings share one-third.34 If there are no heirs at all from the six classes, the spouse inherits everything.35

The word “registered” is important.36 Many foreign couples in Thailand live together without registering their relationship at the local district office.37 A partner in a long-term relationship, a de facto spouse, or a common-law partner has no automatic right to inherit anything under Thai succession law.38 Thai law does not recognize common-law marriage for inheritance purposes.39 Without a will naming that partner, they receive nothing from the estate.40

Children Born Outside Marriage

Section 1627 of the Civil and Commercial Code says that a child born outside marriage can inherit from the father if the father has acknowledged the child.41 Acknowledgment can be formal, through registration of the child’s birth or a court order, or it can be established by conduct, meaning the father openly treated the child as his own.42 A child acknowledged in either way has the same inheritance rights as a child born in wedlock.43 This is a point that sometimes becomes relevant when foreigners have children from relationships in multiple countries.44

What If There Are No Heirs at All?

If a person dies without a will and without any heir from any of the six classes and without a surviving registered spouse, the entire estate passes to the Thai state under Section 1753.45 This outcome is uncommon but not impossible, particularly for a foreigner who has been estranged from family for many years.46

The Court Process: What Your Family Must Do

Knowing who the heirs are in theory is one thing.47 Getting the property transferred in practice is another matter.48 When a foreigner dies without a will and leaves a condo in Thailand, the heirs cannot simply go to the Land Office and ask for a transfer.49 They must first go through Thailand probate by applying to the Thai court to appoint an estate administrator.50 The court then issues a court order authorizing the administrator to deal with the estate.51 Only after the court order is obtained can the administrator go to the Land Office, present the order, and ask for the condo to be transferred into the heirs’ names.52

This process takes time.53 Courts in Thailand have their own schedules, and the hearing to appoint an administrator usually requires at least one court date.54 The heirs need to gather documents proving their relationship to the deceased, which may include foreign birth certificates, marriage certificates, and other records that need certified translations.55

Thai bank accounts also require a court order before the bank will release funds to the heirs.56 Because those accounts are movable property and most long-term foreign residents are domiciled in Thailand, the accounts are treated under Thai law per Section 38, and the same court appointment process applies.57

Why a Will Changes Everything

The entire court process for condo inheritance Thailand cases becomes much simpler when the deceased left a Thai will.58 With a will, the executor or the named heirs can apply for probate with a clear document showing the deceased’s intentions.59 Without a will, the family must prove who all the statutory heirs are, and if there are any disputes among heirs about who qualifies, the case becomes more complex and more costly.60

Thai estate planning for foreigners does not require a lawyer to prepare every document in the estate, but it does require at minimum a valid Thai will that names the intended beneficiaries clearly.61 Without one, the default rules described in this article will apply, and those rules will not always produce the outcome the person would have chosen.62

Bottom Line

Dying without a will in Thailand means your Thai condo and bank accounts are distributed under the Thai statutory heir rules, in a fixed order that may not match your wishes.63 Your partner may receive nothing if you were not in a registered marriage.64 Your family will need to go through a Thai court appointment process before any property can be transferred.65 A Thai will prepared in advance removes most of this uncertainty, saves your family time and money, and puts you in control of who receives what.66

Frequently Asked Questions

Q: My partner and I have lived together in Chiang Mai for ten years but we never officially married. Does she inherit my condo if I die?

No, she does not. Thai law under Section 1635 of the Civil and Commercial Code limits the right to inherit as a spouse to people in a registered marriage only. Ten years of living together, sharing finances, and being known as a couple does not create any legal inheritance right. The condo will pass to your statutory heirs under Section 1629, which means your children or parents first, then siblings, and so on. If you want your partner to receive anything, you must make a valid Thai will that names her as a beneficiary.

Q: I have two children from my first marriage who live in the UK. They have nothing to do with my life here. Can they still inherit my Thai condo?

Yes, unless you make a will that says otherwise. Under Section 1629 of the Civil and Commercial Code, descendants are the first class of statutory heir. Your children’s relationship with you and their location abroad does not affect their legal right to inherit. Without a will, they are entitled to your estate in equal shares. A Thai will is the only way to direct your property to someone other than them.

Q: If I die without a will, how long will it take before my family can actually access the condo and my bank accounts?

The minimum realistic time is three to six months for a straightforward case where all heirs agree. The family must file a court application to appoint an estate administrator, attend at least one court hearing, and wait for the court to issue its order. After that, the administrator takes the order to the Land Department for the condo and to the bank for the accounts. If any heir disputes the estate or the appointment, the process can take one to three years or more.

Q: Does my home-country will automatically cover my condo in Thailand?

Not automatically in practice. Under Section 37 of the Conflict of Laws Act B.E. 2481, a Thai condo is governed by Thai law because it is immovable property situated in Thailand. A foreign will may technically be accepted if it meets the requirements of Section 1667 of the Civil and Commercial Code, but the family must still submit it to a Thai court with a certified Thai translation and expert evidence on the foreign law. This adds significant time and cost. A Thai will that clearly covers your Thai property is almost always the easier and faster option.

Q: My Thai bank account has a named beneficiary on the bank’s own form. Does that override the inheritance rules?

Named beneficiary designations on Thai bank forms are not the same as a legal will under Thai law. The Civil and Commercial Code governs how estates are distributed, and a bank form is not a testamentary instrument recognized under Section 1648. The account still forms part of the estate and still requires a court-appointed administrator to release to heirs. If you want to control who receives your bank balance, the correct tool is a Thai will, not a bank form designation.

References

  1. 1 Office of the Attorney General. (2022). Handbook on Estate Administration for the Public. Office of the Attorney General, Thailand, p. 40.
  2. 2 Direk Udomsak, Wichian. (2024). Civil Law Commentary, Volume 4 (Updated 2024): Property and Succession. Jurisprudence Group, p. 371.
  3. 3 Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code. Faculty of Law, Thammasat University, p. 1.
  4. 4 Office of the Attorney General. (2022). Handbook on Estate Administration for the Public, pp. 40–41.
  5. 5 Civil and Commercial Code, Section 1599: “When a person dies, the estate of that person devolves to the heirs”; Chatnakrob, Thanapat. (2023). Principles of Succession Law, p. 1.
  6. 6 Chatnakrob, Thanapat. (2023). Principles of Succession Law, p. 1.
  7. 7 Chatnakrob, Thanapat. (2023). Principles of Succession Law, pp. 1–2.
  8. 8 Civil and Commercial Code, Section 1599; Chatnakrob, Thanapat. (2023). Principles of Succession Law, p. 1.
  9. 9 Civil and Commercial Code, Section 1600; Chatnakrob, Thanapat. (2023). Principles of Succession Law, p. 9.
  10. 10 Civil and Commercial Code, Section 1600; Direk Udomsak, Wichian. (2024). Civil Law Commentary, Volume 4, p. 323.
  11. 11 Conflict of Laws Act B.E. 2481; Sukchoti, Udom. (2001). Conflict of Laws in Wills, p. 1.
  12. 12 Conflict of Laws Act B.E. 2481, Section 37; Sukchoti, Udom. (2001). Conflict of Laws in Wills, p. 10.
  13. 13 Conflict of Laws Act B.E. 2481, Section 37; Sukchoti, Udom. (2001). Conflict of Laws in Wills, pp. 10–12.
  14. 14 Conflict of Laws Act B.E. 2481, Section 37; Chatnakrob, Thanapat. (2023). Principles of Succession Law, p. 31.
  15. 15 Conflict of Laws Act B.E. 2481, Section 38; Direk Udomsak, Wichian. (2024). Civil Law Commentary, Volume 4, p. 323.
  16. 16 Conflict of Laws Act B.E. 2481, Section 38; Direk Udomsak, Wichian. (2024). Civil Law Commentary, Volume 4, p. 323.
  17. 17 Civil and Commercial Code, Section 1629; Chatnakrob, Thanapat. (2023). Principles of Succession Law, p. 31.
  18. 18 Civil and Commercial Code, Section 1629(1); Chatnakrob, Thanapat. (2023). Principles of Succession Law, p. 31.
  19. 19 Civil and Commercial Code, Section 1629(2); Chatnakrob, Thanapat. (2023). Principles of Succession Law, p. 31.
  20. 20 Civil and Commercial Code, Section 1629(3); Chatnakrob, Thanapat. (2023). Principles of Succession Law, p. 31.
  21. 21 Civil and Commercial Code, Section 1629(4); Chatnakrob, Thanapat. (2023). Principles of Succession Law, p. 32.
  22. 22 Civil and Commercial Code, Section 1629(5); Chatnakrob, Thanapat. (2023). Principles of Succession Law, p. 32.
  23. 23 Civil and Commercial Code, Section 1629(6); Chatnakrob, Thanapat. (2023). Principles of Succession Law, p. 32.
  24. 24 Civil and Commercial Code, Section 1630; Chatnakrob, Thanapat. (2023). Principles of Succession Law, p. 32.
  25. 25 Civil and Commercial Code, Section 1630; Chatnakrob, Thanapat. (2023). Principles of Succession Law, p. 32.
  26. 26 Civil and Commercial Code, Sections 1629–1630; Chatnakrob, Thanapat. (2023). Principles of Succession Law, p. 32.
  27. 27 Civil and Commercial Code, Section 1630; Chatnakrob, Thanapat. (2023). Principles of Succession Law, p. 32.
  28. 28 Direk Udomsak, Wichian. (2024). Civil Law Commentary, Volume 4, p. 371.
  29. 29 Civil and Commercial Code, Sections 1629–1630; Direk Udomsak, Wichian. (2024). Civil Law Commentary, Volume 4, pp. 371–372.
  30. 30 Civil and Commercial Code, Section 1635; Chatnakrob, Thanapat. (2023). Principles of Succession Law, p. 67.
  31. 31 Civil and Commercial Code, Section 1635; Direk Udomsak, Wichian. (2024). Civil Law Commentary, Volume 4, p. 371.
  32. 32 Civil and Commercial Code, Section 1635(1); Chatnakrob, Thanapat. (2023). Principles of Succession Law, pp. 67–68; Direk Udomsak, Wichian. (2024). Civil Law Commentary, Volume 4, pp. 371–372.
  33. 33 Civil and Commercial Code, Section 1635(2); Chatnakrob, Thanapat. (2023). Principles of Succession Law, pp. 68–70; Direk Udomsak, Wichian. (2024). Civil Law Commentary, Volume 4, pp. 372–374.
  34. 34 Civil and Commercial Code, Section 1635(3); Chatnakrob, Thanapat. (2023). Principles of Succession Law, pp. 70–72; Direk Udomsak, Wichian. (2024). Civil Law Commentary, Volume 4, pp. 374–376.
  35. 35 Civil and Commercial Code, Section 1635(4); Chatnakrob, Thanapat. (2023). Principles of Succession Law, pp. 72–80; Direk Udomsak, Wichian. (2024). Civil Law Commentary, Volume 4, pp. 376–380.
  36. 36 Civil and Commercial Code, Section 1635; Chatnakrob, Thanapat. (2023). Principles of Succession Law, p. 67.
  37. 37 Chatnakrob, Thanapat. (2023). Principles of Succession Law, p. 67.
  38. 38 Civil and Commercial Code, Section 1635; Chatnakrob, Thanapat. (2023). Principles of Succession Law, p. 67.
  39. 39 Civil and Commercial Code, Section 1635; Chatnakrob, Thanapat. (2023). Principles of Succession Law, p. 67.
  40. 40 Civil and Commercial Code, Section 1635; Chatnakrob, Thanapat. (2023). Principles of Succession Law, p. 67.
  41. 41 Civil and Commercial Code, Section 1627; Chatnakrob, Thanapat. (2023). Principles of Succession Law, p. 47.
  42. 42 Civil and Commercial Code, Section 1627; Chatnakrob, Thanapat. (2023). Principles of Succession Law, pp. 47–52.
  43. 43 Civil and Commercial Code, Section 1627; Chatnakrob, Thanapat. (2023). Principles of Succession Law, p. 52.
  44. 44 Civil and Commercial Code, Section 1627; Chatnakrob, Thanapat. (2023). Principles of Succession Law, pp. 47–52.
  45. 45 Civil and Commercial Code, Section 1753; Chatnakrob, Thanapat. (2023). Principles of Succession Law, pp. 343–345.
  46. 46 Civil and Commercial Code, Section 1753; Chatnakrob, Thanapat. (2023). Principles of Succession Law, pp. 343–345.
  47. 47 Office of the Attorney General. (2022). Handbook on Estate Administration for the Public, p. 40.
  48. 48 Office of the Attorney General. (2022). Handbook on Estate Administration for the Public, pp. 40–41.
  49. 49 Office of the Attorney General. (2022). Handbook on Estate Administration for the Public, p. 40.
  50. 50 Office of the Attorney General. (2022). Handbook on Estate Administration for the Public, pp. 40–45; Conflict of Laws Act B.E. 2481, Section 37.
  51. 51 Office of the Attorney General. (2022). Handbook on Estate Administration for the Public, pp. 41–42.
  52. 52 Office of the Attorney General. (2022). Handbook on Estate Administration for the Public, pp. 42–45.
  53. 53 Office of the Attorney General. (2022). Handbook on Estate Administration for the Public, p. 42.
  54. 54 Office of the Attorney General. (2022). Handbook on Estate Administration for the Public, pp. 42–43.
  55. 55 Office of the Attorney General. (2022). Handbook on Estate Administration for the Public, p. 43.
  56. 56 Direk Udomsak, Wichian. (2024). Civil Law Commentary, Volume 4, p. 323; Office of the Attorney General. (2022). Handbook on Estate Administration for the Public, p. 44.
  57. 57 Conflict of Laws Act B.E. 2481, Section 38; Direk Udomsak, Wichian. (2024). Civil Law Commentary, Volume 4, p. 323.
  58. 58 Chatnakrob, Thanapat. (2023). Principles of Succession Law, pp. 197–200; Office of the Attorney General. (2022). Handbook on Estate Administration for the Public, p. 32.
  59. 59 Office of the Attorney General. (2022). Handbook on Estate Administration for the Public, pp. 32–33.
  60. 60 Chatnakrob, Thanapat. (2023). Principles of Succession Law, pp. 31–32; Office of the Attorney General. (2022). Handbook on Estate Administration for the Public, p. 43.
  61. 61 Chatnakrob, Thanapat. (2023). Principles of Succession Law, pp. 197–200.
  62. 62 Civil and Commercial Code, Section 1629; Chatnakrob, Thanapat. (2023). Principles of Succession Law, pp. 31–32.
  63. 63 Civil and Commercial Code, Section 1629; Conflict of Laws Act B.E. 2481, Sections 37–38; Chatnakrob, Thanapat. (2023). Principles of Succession Law, pp. 31–32.
  64. 64 Civil and Commercial Code, Section 1635; Chatnakrob, Thanapat. (2023). Principles of Succession Law, p. 67.
  65. 65 Office of the Attorney General. (2022). Handbook on Estate Administration for the Public, pp. 40–45.
  66. 66 Chatnakrob, Thanapat. (2023). Principles of Succession Law, pp. 197–200; Office of the Attorney General. (2022). Handbook on Estate Administration for the Public, p. 32.
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