Understanding the Process, Legal Requirements, and Court Procedure in Thailand
When a foreign national passes away in Thailand — or a foreigner inherits property from a Thai spouse or family member — one of the first questions that often arises is:
“Can a foreigner be appointed as an estate executor in Thailand?”
The short answer is yes, a foreigner can be appointed as an executor of a Thai estate.
However, the appointment must be approved by the Thai court, and there are specific legal conditions and practical considerations that must be met.
This article explains the process, legal requirements, and tips for foreigners dealing with inheritance matters in Thailand.
⚖️ 1. Legal Background
Under Thailand’s Civil and Commercial Code (Book VI – Succession), when a person passes away, their estate (assets and liabilities) must be administered by an executor (ผู้จัดการมรดก).
If there is a will, the will may name the executor.
If there is no will, an heir or other interested party must apply to the Thai court to be officially appointed as the estate administrator.
Importantly, Thai law does not prohibit foreigners from being appointed as executors.
However, the appointment must go through probate proceedings in the Thai court system.
🏛️ 2. Can a Foreigner Be Appointed as an Executor?
Yes.
A foreigner can apply to the Thai court to be appointed as an estate executor, either as the executor named in a will, or as a court-appointed administrator when no will exists.
However, in practice, Thai courts often consider certain factors before granting the appointment:
Residence or Presence in Thailand
Consent from all the stakeholders, such as the biological heirs, legal heirs, and any limitations (if applicable) regarding the ability of a person, etc.
Residence or Presence in Thailand
The foreign applicant should be able to attend court hearings in person or be represented by a Thai lawyer with a Power of Attorney. However, in recent practical trends, some courts still require the heir to be present at the court. This should be discussed closely with your attorney and the competent judge's opinion.
Having a local address in Thailand helps with court correspondence and notifications. Based on our experiences, if there is no residence in Thailand, some courts require the writ/summons to be delivered by an embassy, which consumes a lot of time (2-6 months, depending on the country).
Translation and Certification of Documents
Any documents in a foreign language (such as passports, wills, birth or marriage certificates, or foreign court documents) must be translated into Thai and certified in accordance with Thai law.
Certification typically involves notarization and legalization by the Thai Embassy or the Ministry of Foreign Affairs.
Court Proceedings
The petition must be filed with the Civil Court where the deceased had domicile in Thailand, or the province where the estate is located.
Hearings are conducted in the Thai language; a court interpreter must be present if the foreigner does not speak Thai. The interpreter is often requested to be prepared by the applicant side. The court will not arrange it unless necessary.
The court will review the petition, verify the relationship and qualifications, and issue an order appointing the executor if there are no objections from other heirs and if it is deemed appropriate.
Restrictions and Limitations
While a foreigner can be appointed as executor, certain types of assets, such as land, may still be restricted under the Land Code (foreigners generally cannot own freehold land), or there may be a limited ratio for a foreigner to hold ownership in a condominium.
However, they may still manage or sell such assets as part of the estate administration.
📑 3. Key Documents Required
When a foreigner applies to be appointed as an estate executor, the following documents are typically required:
Petition for Appointment of Estate Administrator (prepared by a Thai lawyer)
Death Certificate of the deceased
ID card or passport, and the house registration of the deceased
Documents proving the relationship (e.g., birth or marriage certificate)
List of heirs with contact details, family tree ( Thai lawyer will often help prepare)
List of assets in Thailand (land titles, condominium documents, bank accounts, company shares, etc.) and evidence about each asset
Copy of the applicant’s passport and local address
Power of Attorney (if represented by a lawyer)
Translation and certification of all foreign documents into Thai
All filings must be in Thai and submitted through a licensed Thai lawyer.
🕐 4. Timeline and Practical Notes
Duration: Normally 2–4 months, depending on the court’s schedule and whether there are objections from other heirs.
Court attendance: Foreign applicants are usually required to attend the hearing (with an interpreter), although representation by a Thai lawyer is permitted.
After court order: The executor may use the certified court order to manage, transfer, or distribute assets, such as at the Land Office, banks, or the Department of Business Development.
🧩 5. Common Scenarios for Foreign Clients
Foreign spouse of a Thai national who has passed away and left property in Thailand.
Foreign children or heirs of a deceased parent who owned land, a condominium, or a bank account in Thailand.
Foreign executor named in a will created by a Thai resident.
Foreign executor consent given by all the rightful heirs.
A foreigner who has passed away and has property in Thailand.
Overseas family members seeking to appoint a Thai lawyer to handle the probate process on their behalf.
💬 6. Why You Should Engage a Local Lawyer
Handling an inheritance case in Thailand involves:
Complex court procedures
Document translation and legalization requirements
Thai-language hearings and communication with government offices
A Thai lawyer experienced in probate and estate administration can:
Prepare and file the petition correctly
Represent the foreign applicant in court
Provide certified translations and interpreter services
Ensure compliance with all Thai legal requirements
✅ 7. Conclusion
Yes, a foreign national can be appointed as an estate executor in Thailand.
However, the process requires court approval, legal documentation in Thai, and strict adherence to procedural rules.
Suppose you are a foreign national dealing with inheritance matters in Thailand. In that case, whether as an heir, spouse, or executor, obtaining professional legal assistance is the most effective and secure way to complete the process smoothly.
📞 Contact Us
If you need help applying for an estate executor appointment in Thailand, or require translation, notarization, and court representation, our legal team can assist in both Thai and English. We have a one-stop service for inheritance matters.
📧 Email: wpk.notary@gmail.com
📍 Facebook: WPK Notary
📲 Line: @519clses
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