Last updated on December 14, 2025
Many expatriates living in Thailand believe their spouse or children receive everything automatically after death. Thai law does not work this way. If you die without a Will in Thailand, Thai intestate succession rules apply. A Thai court decides who inherits, in what proportion, and when. The process often takes months and regularly creates delays, costs, and family disputes.
This article explains what will happen to your Thai assets if you die without a Will in Thailand. This is based on the Thai Civil and Commercial Code.
Table of Contents
Does Thai law apply if you are a foreigner
Yes. Thai law applies to all assets located in Thailand, regardless of nationality. If you own a condo, bank account, car, company shares, or registered rights in Thailand, Thai succession law applies to those assets.
A foreign will does not automatically override Thai law. Without a Thai will that works in Thailand, heirs must go through Thai court proceedings.
Thai intestate succession rules explained
Thai intestate succession is governed mainly by Section 1629 of the Thai Civil and Commercial Code.
Thai law divides heirs into six classes. Only the closest surviving class inherits. Lower classes receive nothing if a higher class exists.
The six classes of heirs
First class. Descendants. Children and grandchildren.
Second class. Parents.
Third class. Full blood brothers and sisters.
Fourth class. Half blood brothers and sisters.
Fifth class. Grandparents.
Sixth class. Uncles and aunts.
What about the legal spouse
A legal spouse always inherits. The spouse shares inheritance with the surviving class of heirs. This is where many foreigners misunderstand Thai law.
If You Die Without a Will in Thailand
How assets are divided without a will
Married with children
If you die married and have children, the spouse receives the same share as one child.
Example: Two children and one spouse. The estate is divided into three equal parts. The spouse receives one third. Each child receives one third.
Married without children but parents alive
The spouse shares inheritance with the parents.
Example: One spouse and two parents. The estate is divided into three equal parts.
Married without children and parents deceased
The spouse inherits everything.
This is one of the few situations where the spouse receives all assets without a will.
Not legally married
A partner without legal marriage registration has no inheritance rights under Thai law.
No matter how long you lived together, the partner receives nothing unless named in a will.
What happens to specific Thai assets
Condominiums
Condominium ownership does not transfer automatically. A Thai court must first appoint an estate administrator. Until then, the unit is frozen. Sale, transfer, or rental is blocked. Delays are common, especially when heirs live abroad.
Bank accounts
Thai banks freeze accounts as soon as they receive notice of death. Funds remain inaccessible until a court order appoints an administrator. This often creates financial pressure for surviving spouses.
Usufruct and lease rights
Registered usufruct rights usually end upon death unless the document clearly states otherwise. Lease rights only pass to heirs if the contract allows it. Without a will, these rights often disappear.
Company shares
Company shares do not transfer automatically. Directors cannot update the share register without a court order. This creates serious operational risk for family businesses.
Court process without a will
Without a will, heirs must file a petition for estate administration with the Thai court.
Typical steps include identifying heirs, submitting documents and translations, attending hearings, obtaining a court appointment, collecting assets, and distributing the estate.
This process often takes six to twelve months. Disputes can extend it much longer.
Common mistakes foreigners make
- Believing a foreign will is enough
- Assuming the spouse inherits everything
- Ignoring Thai language and court requirements
- Leaving minor children without proper planning
- Failing to appoint an executor
These mistakes are avoidable.
Why a Thai will solves these problems
A Thai will lets you choose who gets your assets. It protects your spouse or partner. You can also appoint an executor. This type of will reduces court involvement. It speeds up the transfer of assets and helps control costs.
A properly drafted Thai will aligns with Thai law and court practice.
Why this matters in 2025
Thai courts continue to tighten document and translation requirements. Banks and land offices demand clearer probate orders. Estates without proper planning face longer delays and higher costs.
Preparing a Thai will now avoids these problems later and it can be done at low cost.
Key takeaway
If you die in Thailand without a will, the court decides who inherits your assets. Not you. Not your family.
A Thai will is one of the simplest and most effective ways to protect your assets and the people you care about in Thailand. ThaiLawOnline offers customized Wills done by registered Thai attorneys for only 3,900. Contact us by writing to info@thailawonline.com. For a more extensive text about Last Will in Thailand, click here.
Sebastien H. Brousseau, LL.B., B.Sc.\nFounder and Managing Partner at ThaiLawOnline. A Canadian lawyer with over 30 years of practice, Mr. Brousseau has been living in Thailand since 2004. He has successfully served 4,500+ client matters for expats and Thais. His areas of focus include Prenuptial Agreements, Family Law, Property Law, Corporate Law, Litigation, Criminal Defense, and Immigration.\n\nAdmitted to the Bar of Quebec and the International Bar Association, Mr. Brousseau also holds degrees in Criminology and Political Science. He was the founder of Isaan Lawyers (Managing Director 2007-2022) and one of the first foreign lawyers in Isaan. He has written more than 500 legal articles in his career. Our team has 20 years in practice, focus on expat work.\n\nAll advice and representation are delivered through licensed members of the Lawyers Council of Thailand.