Probate and succession in Thailand
Succession law determines who inherits when someone dies with or without a will. Foreigners with Thai assets need coordinated probate in Thailand and their home country. Statutory heirs exclude unmarried partners without a valid will.
At Thai Visa Centre, we refer succession planning to licensed Thai counsel. For step-by-step probate after death, see our probate administration guide.
Wills and intestacy under the Civil and Commercial Code.
Land and condo transfers to heirs often require probate orders.
Thai and foreign wills should not conflict on the same assets.
We refer succession counsel and coordinate document legalisation.
Order of statutory heirs
Succession rules are in the Civil and Commercial Code succession book published via the Ministry of Justice.
| Topic | Detail |
|---|---|
| Class 1 descendants | Children and grandchildren inherit in equal shares subject to forced heirship limits. |
| Class 2 parents | Inherit when no descendants survive the deceased. |
| Surviving spouse | Receives sin somros share plus statutory portion alongside other heirs. |
| Classes 3 to 6 | Siblings, half-siblings, grandparents, and further relatives in order. |
Administrative divorce workflow
Mutual consent divorce at amphoe requires both spouses, complete agreement, and original marriage certificate from the registering district. Verify licensing on the Lawyers Council of Thailand register before engaging any firm.
Inventory Thai assets
List condos, leaseholds, bank accounts, vehicles, and company shares.
Draft or update will
Lawyer-drafted witnessed will reduces challenge risk for large estates.
Coordinate foreign will
Ensure Thai and home-country wills do not revoke each other unintentionally.
Name executor
Appoint executor with Thai co-executor if foreign resident named.
Review after life events
Update will after marriage, divorce, birth, or major property purchase.
Cross-border planning checklist
Unmarried partners and stepchildren have no statutory inheritance rights without a valid will naming them.
- Maintain separate wills or clear clauses for Thai and foreign assets.
- Register prenup and understand sin somros impact on estate distribution.
- Confirm beneficiary designations on Thai life insurance and provident funds.
- Plan MFA legalisation path for foreign death certificates and wills.
- Discuss forced heirship limits with counsel before disinheriting close heirs.
TVC coordination: We coordinate document translation referrals, MFA legalisation guidance, and visa planning for foreign heirs and executors. We do not provide probate representation or will drafting.
Common estate planning mistakes
Foreigners with Thai assets repeat the same succession gaps. Most are preventable with coordinated Thai and home-country counsel.
- Relying on intestacy when unmarried partner expects to inherit Thai condo.
- Drafting holographic will with errors that invite family court challenges.
- Leaving Thai assets out of will assuming home-country probate covers all property.
- Ignoring spouse sin somros share when calculating gifts to children in will.
- Naming foreign-only executor without Thai co-executor for land office transfers.
Long-stay and lifestyle context
Many readers use this page while scouting Thailand for relocation, visa runs, or extended holidays. Pair your plans with immigration status that matches how long you actually stay. Tourist exemption and short tourist visas are for trips: not for building a life here.
See our Thailand lifestyle guide for visa paths, city choices, TM30, 90-day reporting, and compliance habits that keep long-stay holders out of trouble at immigration.
Court vs TVC scope
Probate and Succession in Thailand: Estate Planning for Foreign Residents (2026) requires licensed Thai advocates for binding legal work. TVC coordinates visa status, certified translation referrals, and stay planning. we do not substitute for bar-licensed counsel.
Stay status during cases
Family, probate, and criminal matters can run months. Plan visa extensions, 90-day reporting, and re-entry before hearings stack up, lapses block extensions even when your case is strong.
Language and evidence
Court and amphoe proceedings are in Thai. Foreign documents need certified translation and often MFA legalisation. Start authentication early; deadlines do not wait for postal delays.
Life after judgment
Winning at trial or registering divorce does not automatically resolve immigration status. Coordinate visa category changes with licensed counsel before your marriage or business visa basis ends.
Practical planning matrix
Use this matrix alongside the sections above before you confirm dates, payment, or visa paperwork tied to this stay.
| Decision | Guidance |
|---|---|
| Licensed counsel | Retain a Thai attorney before responding to summons or filing at amphoe or court |
| Document bundle | Organise IDs, contracts, and correspondence chronologically for your lawyer |
| Deadlines | Missing court dates or appeal windows forfeits rights. Calendar every official appointment |
| Visa planning | Maintain valid stay status throughout proceedings; TVC helps with extensions and reporting |
| Translation | Budget certified Thai translation for foreign-language evidence before hearing or registration dates |
TDAC reminder: Every Thailand entry requires a fresh Digital Arrival Card within 72 hours of landing: including return trips on Elite, LTR, retirement, or marriage visas. Keep your confirmation offline in case airport Wi-Fi fails.
For entry documents and first-arrival checklists, see our Thailand entry requirements.
Frequently asked questions
General answers on succession and inheritance in Thailand. Consult licensed Thai counsel for estates with significant Thai assets.
Q:Can I disinherit a statutory heir?
A:Partially through valid will subject to forced heirship limits for certain descendants.
Q:Does spouse automatically get everything?
A:No. Spouse gets sin somros plus statutory share, not entire estate by default.
Q:Does home-country will cover Bangkok condo?
A:Not automatically. Coordinate both jurisdictions.
Q:What is forced heirship?
A:Certain descendants entitled to minimum share even if will says otherwise.
Q:Does TVC draft wills?
A:We refer succession counsel. We coordinate document legalisation.
Q:Can charity inherit Thai assets?
A:Yes via valid will subject to forced heirship limits.
Q:When should I update my will?
A:After marriage, divorce, new property, or birth of children.
Q:Where are succession rules published?
A:Ministry of Justice and Office of the Judiciary publish Civil Code succession guidance.