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
Un administrateur de succession (ผู้จัดการมรดก, phu jat kan moradok, often called the exécuteur in English-language wills) is the person who collects the deceased’s assets, pays the debts and distributes what remains to the heirs. In Thailand the role exists only by court order: even a person named in a will has no power over a bank account or a title deed until a Thai court has appointed them. Banks, the Bureau foncier and the Department of Business Development all ask for the court’s order before releasing money or registering a transfer, so the appointment is the first real step in almost every estate.
Table des matières
How the appointment works
Sous le Code civil et commercial an administrator is either the person appointed by the will or the person appointed by the court (Section 1711). In practice both go through court: an heir, any interested person or the procureur général applies to the provincial court for the district where the deceased was domiciled, or where the assets are, asking for the appointment (Section 1713). Where the will names someone, the court normally appoints that person. Where there is no will, the court chooses among the applicants, usually the spouse or an adult child, and can appoint more than one administrator jointly.
Who cannot serve. A minor, a person of unsound mind or adjudged quasi-incompetent, and a person adjudged bankrupt are barred (Section 1718). Nationality is not a bar: foreigners are appointed routinely, though they must attend the hearing in person. The court can later remove an administrator who neglects the duties or acts against the heirs’ interests, on the application of an interested person.
What the administrator must do
The administrator must start an inventory of the estate within 15 days of the appointment and finish it within one month, in the presence of at least two interested witnesses, and should complete the whole administration and render accounts within one year unless the heirs or the court allow longer. The work is practical: obtaining the death certificate, cancelling the house registration, closing bank accounts, transferring condominiums at the Land Office, transferring vehicles and company shares, paying creditors and any Impôt sur les successions, and then distributing according to the will or the statutory order.
Documents for the petition include the death certificate, the will if any, proof of the applicant’s relationship to the deceased, house registration and identity documents, and a list of assets with title documents. Foreign documents need certified translation and legalisation. The court petition fee is a flat 200 baht plus small announcement and delivery costs; an uncontested case usually takes 3 to 6 months to the order, then about a month more for the certificate confirming no appeal, which most banks want to see. Where the will was made at a district office, the office keeps a certified duplicate under the Ministerial Regulation on the Making of Wills B.E. 2569, in force since 24 March 2026, and a certified copy costs 50 baht if the original cannot be found.
Administrator, executor and foreign probate
The English word executor describes the person a testator chooses; the Thai term covers both that person and a court-chosen one, and neither can act until appointed. A UK grant of probate, a US letters testamentary or a Canadian certificate has no direct force in Thailand. The named executor must petition a Thai court, with the foreign will translated and legalised, and be appointed here; the guide to l'homologation d'un testament étranger en Thaïlande covers the extra steps.
The common mistake is a family assuming a Thai wife or a named friend can walk into the bank with the will. They cannot, and a delay of a year while nobody applies can leave utility bills unpaid and a condominium at risk of arrears. Naming a willing, capable administrator in the will, and telling that person where the original is kept, shortens the whole process.
Foire aux questions
Can a foreigner be an estate administrator in Thailand?
Yes. Section 1718 bars only minors, persons of unsound mind or quasi-incompetent, and undischarged bankrupts. Foreigners are appointed regularly, but must attend the court hearing in person and will need a Thai translation of any foreign documents.
How long does it take to appoint an estate administrator in Thailand?
An uncontested petition usually takes 3 to 6 months from filing to the court order, plus about a month for the certificate confirming no appeal. Contested cases, or those relying on a foreign will that must be translated and legalised, take considerably longer.
What is the difference between an executor and an estate administrator?
In Thai law both are the same office, phu jat kan moradok. An executor is simply the administrator the testator named in the will; the court still has to appoint that person before they can deal with bank accounts, land or shares. Where there is no will, the court appoints an administrator on an heir’s application.
Voir aussi : succession, domaine, héritier légal, volonté, and the guides on Administration des successions et des biens en Thaïlande ET making a last will in Thailand.
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