Révisé par ThaiLawOnline, un cabinet d'avocats thaïlandais agréé exerçant en Thaïlande depuis 2006. Avocate thaïlandaise en charge du dossier : Wichuda Atthamethakon, LL.M., licence du barreau thaïlandais 3149/2556.
Dernière mise à jour le 5 septembre 2026
Succession (การจัดการมรดก, kan jat kan moradok, literally administration successorale; Thai law has no separate word for probate) is the court process by which a Thai court appoints an estate administrator and, in doing so, accepts the will if there is one. Thailand does not issue a grant of probate in the English sense. What the court issues is an order appointing a named person to administer the estate, and that order is the document every bank, Bureau foncier and share registrar asks for. Whether the deceased was Thai or foreign, left a will or not, the family cannot touch the Thai assets until the order exists.
Table des matières
How the court process works
An heir, a legatee, any interested person or the procureur général files a petition under Section 1713 of the Code civil et commercial in the court for the district where the deceased was last domiciled in Thailand or, failing that, where the assets are. The petition sets out the death, the family tree, the assets and the proposed administrator, and attaches the will if one exists. The court publishes notice, holds a short hearing at which the petitioner and the proposed administrator appear and give evidence, and then issues the appointment order. The filing fee is a flat 200 baht plus small announcement costs.
Uncontested petitions usually reach a hearing 2 to 3 months after filing and an order within 3 to 6 months. A 30-day period then runs for any appeal, after which the court issues a certificate confirming the order is final; most banks insist on it. The administrator then transfers each asset in turn, which takes a further 2 to 6 months. The court examines the will’s formal validity at this stage, so a will with a defective witness or a beneficiary who signed as witness is challenged here, not later.
What a foreign family needs to bring
The petition needs the death certificate, the original will or a certified copy, proof of the applicant’s relationship to the deceased (marriage or birth certificates), house registration and identity documents, and evidence of each asset: title deeds, bank books, share certificates, vehicle registration. Documents issued abroad must be legalised and translated into Thai by a certified translator. The proposed administrator must attend the hearing in person, whatever their nationality; a procuration can cover the later paperwork.
The common mistake is assuming a home-country grant will do. A UK grant of probate or US letters testamentary has no force in Thailand; the named executor must be appointed by a Thai court. A foreign will is recognised as to form if it satisfies the law of the testator’s nationality or of the place where it was signed, but succession to Thai land and condominiums follows Thai law whatever the will says. Until Thailand’s accession to the Apostille Convention takes effect on 28 February 2027, foreign documents go through the full chain: certification at home, the Thai embassy, translation and the Ministry of Foreign Affairs.
Thai will, no will, or foreign will
| Situation | Typical time to a usable order | Main extra steps |
|---|---|---|
| Valid Thai will naming an administrator | 3 to 6 months | None beyond the standard petition |
| No will, Thai assets only | Often 8 to 16 months | Family tree evidence; agreement among statutory heirs on who applies |
| Foreign will only | 12 to 24 months or more | Legalisation, certified translation, proof of foreign law on form |
The figures come from ThaiLawOnline’s experience with routine estates and stretch when heirs disagree or an heir abroad cannot be traced. The single most effective way to shorten Thai probate is a bilingual La volonté thaïlandaise for the Thai assets that names a willing administrator, so the court has nothing to translate and nobody to choose between.
Foire aux questions
Is probate required in Thailand if there is a will?
Yes. A will does not let anyone deal with Thai assets by itself. The person named in it must petition a Thai court to be appointed estate administrator under Section 1713, and banks, the Land Office and registrars act only on that court order and the certificate that no appeal was filed.
Combien de temps dure une procédure de succession en Thaïlande ?
An uncontested petition with a Thai will takes about 3 to 6 months to the court order, plus roughly a month for the no-appeal certificate and a few months to transfer the assets. Without a will, or with a foreign will that needs legalisation and translation, a year or more is common.
Does a UK or US grant of probate work in Thailand?
No. Foreign probate orders have no direct effect in Thailand. The foreign will can be used as evidence, translated and legalised, but the executor must be appointed by a Thai court before touching any Thai bank account, condominium or company shares.
Voir aussi : administrateur de succession, estate, intestacy, apostille, and the guides on Administration des successions et des biens en Thaïlande ET probate of a foreign will.
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