Petition for Appointment of an Estate Administrator in Thailand

When a person passes away, their estate—such as land, vehicles, bank accounts, or other registered property—needs to be properly managed and distributed to the heirs. In many cases, it is necessary to petition the court to appoint an estate administrator (ผู้จัดการมรดก). This ensures that the estate is settled according to law and the wishes of the deceased.

Legal Basis for Appointment

According to Section 1713 of the Thai Civil and Commercial Code, heirs, interested persons, or the public prosecutor may file a petition to the court for the appointment of an estate administrator in the following cases:

1. When the deceased’s heirs or legatees are missing, live abroad, or are minors.
2. When the estate administrator or heirs cannot, are unwilling, or are otherwise obstructed from managing or distributing the estate.
3. When a will appointing an estate administrator cannot be enforced.

If a valid will exists, the court will generally appoint the person named in it as administrator. If no will is present, the court will appoint an administrator for the benefit of the estate, taking into account the circumstances and the presumed wishes of the deceased.

Example:

If the deceased owned registered property such as land (Chanote title, Nor Sor 3), firearms, bank accounts, or vehicles, government authorities will not transfer ownership until the court has issued an order appointing an estate administrator.

Disqualified Persons

Under Section 1718 of the Civil and Commercial Code, the following individuals cannot serve as an estate administrator:

• Minors (those not yet of legal age).
• Persons of unsound mind or those declared quasi-incompetent by the court.
• Bankrupt persons declared by the court.

Jurisdiction

The petition must be filed with the court in the district where the deceased had domicile at the time of death.

Required Documents

To file a petition, the applicant must prepare various documents, usually in four (4) copies each:

1. Documents of the deceased (the estate owner):
   • House registration (showing status “deceased”)
   • Death certificate or official confirmation of death
   • Marriage or divorce certificate
   • Name/surname change certificate (if any)
   • Family registration records (marriage, child, or adoption registrations)
   • Will of the deceased (if any)
2. Documents of the applicant (the proposed administrator):
   • Marriage certificate (if any)
   • Name/surname change certificate (if any)
3. Documents of all heirs-at-law (parents, spouse, children, etc.):
   • House registration
   • National ID card
   • Marriage certificate (if any)
   • Name/surname change certificate (if any)
   • Death certificates of parents (if deceased), or official confirmation if unavailable
   • Written consent of heirs to the appointment (signed before a public prosecutor/official)
   • Genealogy record (prepared by the prosecutor’s office)
4. Documents concerning the deceased’s assets:
   • Land title deeds, car registration, bank passbooks, share certificates, etc.
5. Court fees:
   • Filing fee: 200 THB
   • Service of documents and transportation fees as determined by the court.

Important Notes:

• All heirs and interested persons must sign the consent document before the public prosecutor’s office.
• Every copy of the submitted document must be signed and certified as true by the applicant or heirs.
• The court may request additional documents depending on the specific case.
• The estate administrator is not the sole owner of the estate. Their duty is to divide and transfer assets according to the law and the rights of heirs.

✅ If you need assistance in preparing a petition for estate administration, we provide professional services by licensed attorneys to guide you through the process quickly and accurately.

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