Thai Intestacy Law Explained (No Will): What Foreign Families Must Do

When a foreigner passes away in Thailand without a Will, their estate must be handled under Thai intestacy law. This means the distribution of assets, such as condos, bank accounts, vehicles, personal belongings, will follow Thai Civil and Commercial Code, not the home country’s rules.

For many foreign families, the process can feel overwhelming, especially when navigating Thai courts, translations, and potential family disagreements.

This guide explains everything you need to know.

1️⃣ What Does “Intestacy” Mean in Thailand?

Intestacy means the deceased died without a valid Will. In this situation, Thai law automatically determines:

Who the legal heirs are
How much each heir receives
Who can apply to be the Estate Administrator

2️⃣ Order of Heirs Under Thai Law (Intestate Succession)

Keyword: intestate succession Thailand

Thailand recognizes six classes of statutory heirs, plus the surviving spouse, who is always entitled to a portion.

The hierarchy of heirs:

Statutory heirs by blood relationship are those who have a blood connection, consisting of six classes as follows:

Class 1: Descendants
Class 2: Father and mother
Class 3: Siblings of the whole blood
Class 4: Siblings of the half blood
Class 5: Grandfathers and grandmothers
Class 6: Uncles and aunts

If a higher class exists, the lower classes do not inherit.

What about the spouse?

If there is no prenuptial agreement, the marital property (sin somros) must first be divided before any inheritance distribution.
Half of the marital property belongs to the surviving spouse, and the remaining half becomes the property of the deceased.
Only then will the deceased’s portion be distributed according to the hierarchy of statutory heirs above.

Examples:

If the deceased had children + spouse → they share the estate.

If the deceased had no children but parents + spouse → parents and spouse share.

If the deceased had only a spouse → spouse inherits everything.

3️⃣ What Foreign Families Must Do First

Regardless of who the heirs are, nothing can be transferred until someone is legally appointed as the Estate Administrator by a Thai court.

This applies to:

Condominiums
Bank accounts
Vehicles
Personal items
Insurance (if no named beneficiary)
Outstanding refunds or contract payments

Even family members cannot legally “collect” or move assets without a court order.

4️⃣ How to Appoint an Estate Administrator in Thailand

Keyword: Thailand probate process

The court process (Probate) has several mandatory steps:

✔ Step 1: Prepare supporting documents

Death certificate (from Thailand or abroad)
Marriage certificate
Birth certificates of children
Passport / ID of heirs
Evidence of relationships (translated & legalized)

✔ Step 2: Translate & legalize foreign documents

Thai courts require:

Certified translations into Thai
Legalization / Apostille from the issuing country
Thai Ministry of Foreign Affairs (MFA) certification (if needed)

✔ Step 3: File petition to appoint Administrator

Any heir, authorized person, or foreign national may apply to be an Administrator.

✔ Step 4: Court hearing

Heirs may need to give consent or attend (or authorize a lawyer). A court interpreter is required for non-Thai speakers.

✔ Step 5: Court issues appointment order and Certificate of Final Decision

The Administrator can now transfer, sell, close accounts, and distribute assets.

✔ Step 6: Estate distribution

All assets are divided according to Thailand’s intestacy rules.

5️⃣ How Long Does the Intestacy Probate Process Take?

Typical timeframe: 2–6 months
But delays happen when:

Documents are incomplete or not properly legalized
Heirs cannot agree
One heir refuses to sign consent
There are minor children involved
Property records are unclear
Heirs live in multiple countries
Foreign documents need post-legalization

If there is conflict, probate can extend to 6–12 months or more.

6️⃣ Common Problems Foreign Families Face

Keyword: Thailand no will – common issues

Families often encounter:

⚠️ 1. Disagreements between heirs

Without a Will, siblings, spouses, and parents may dispute shares or Administrator appointment.

⚠️ 2. Missing or un-prepared documents

Documents from home countries must be translated, notarized, and /or legalized before the court accepts them.

⚠️ 3. Frozen bank accounts

All banks in Thailand freeze accounts upon death until a court appoints an Administrator.

⚠️ 4. Condo cannot be transferred

Especially when:

Foreign quota is full
Ownership was unclear
The deceased had a Thai partner but lacked a marriage certificate

⚠️ 5. Heirs cannot travel to Thailand

But the court still requires representation → solved by appointing a Thai lawyer with power of attorney, or asking cooperation of the embassy to arrange the hearing (but in practice, this way consumes time around 3-6 months to arrange).

7️⃣ Can a Foreigner Be the Estate Administrator?

Yes.
A foreigner can be appointed as long as:

They provide required documents
Their documents are translated & legalized
They authorize a Thai lawyer to attend court on their behalf
No objection raise among the legal heirs
The Administrator does not need to stay in Thailand.

🔚 Summary: What Foreign Families Should Know

Without a Will, Thailand applies intestacy law.

Heirs must follow the Thai hierarchy of succession.

Nothing can be transferred without a court-appointed Estate Administrator.

Foreigners can serve as Administrator.

Probate usually takes 2–6 months, longer if there is family conflict.

Professional legal assistance prevents mistakes, delays, and disputes.

Losing a loved one is difficult—probate in Thailand doesn’t have to be.
Our probate team provides everything you need:
• Court-ready translations & certified documents
• Professional interpreter for hearings
• Complete estate administration by expert lawyers
We make the process easy, wherever you are.

📧 Email: wpk.notary@gmail.com
📍Facebook: WPK Notary
📲Line: @519clses

Keywords: Thailand no will, intestate succession Thailand, probate Thailand foreigner