Succession en Thaïlande : administration des biens, lois successorales et procédure étape par étape.

Last updated on août 8, 2026

If the death has just happened, start with what to do when a foreigner dies in Thailand. If the will was made abroad, see probate of a foreign will in Thailand. This page is the Thai court process itself.

Probate in Thailand Is Not Probate as You Know It

The word “probate” imports expectations that Thai law does not meet, and most of the frustration families feel comes from that mismatch.

There is no probate registry and no probate court. Estate matters go to the ordinary provincial court with jurisdiction, and what the court does is not “prove the will” in the English sense. It appoints a person: the estate administrator. That appointment is the thing every bank, Land Office and transport office is waiting for.

Crucially, the court must appoint an administrator even where there is a valid will naming an executor. Section 1712 of the Civil and Commercial Code allows a will to designate an administrator, by the testator or by someone the will nominates to choose, but designation is not appointment. The named person still petitions, and the court still orders. What the will buys you is a short, uncontested hearing instead of a long argument about who should serve.

When Do You Actually Need a Court Order?

Whenever an asset sits in a register that someone official controls. In practice that means almost everything worth having.

Actif	Court order needed?	Why
Land, house, condominium	Oui	The Land Office will not register a transmission without it
Thai bank accounts	Oui	Frozen on notice of death; released only to the appointed administrator
Véhicules immatriculés	Oui	Department of Land Transport requires the order
Actions de la société	Oui	Needed before the share register and DBD filings can be corrected
Government bonds and securities	Oui	Registrar requires the order
Household goods, cash in hand, personal effects	Usually not	No register, so the heirs deal with them among themselves
Life insurance with a named beneficiary	Non	Paid to the named beneficiary and falls outside the estate. Where the policy names no one and is payable to “my heirs”, section 897 puts it into the estate

Who Can Be Estate Administrator?

Section 1713 says who may petition: an heir, any interested person, or the public prosecutor, in the cases it lists, which include the heirs being absent, abroad or minors, an administrator or heir being unable or unwilling to act, or a will’s appointment failing for any reason.

Section 1718 then says who ne peut pas be appointed, and the wording is narrower than the usual summaries suggest:

• a person who has not attained legal majority (note this is majority, not simply age 20, since majority can also be reached by marriage);
• a person of unsound mind, or one the court has declared quasi-incompetent;
• a person the court has adjudged bankrupt.

Nothing there excludes a foreigner. A foreign spouse, adult child or sibling can be appointed and routinely is. Nor does the administrator have to be an heir, and the two roles being combined is entirely normal in Thailand: the surviving spouse is very often both.

Once appointed, section 1719 gives the administrator the right and duty to do what is necessary to give effect to the will’s express or implied directions, to administer the estate generally, and to distribute it. That is a real fiduciary office, not a formality, which is why the deadlines below matter.

The Statutory Deadlines

This is the part that is almost never written down in English, and the part that most often causes a problem years later.

Date limite	What it requires	Section
15 jours	The administrator must begin the estate inventory. The clock runs from the death if he already knew of his appointment under the will, from the day he takes up the office where the court appointed him, and otherwise from the day he accepts the office.	§1728
One month	The inventory must be finished. It must be made in the presence of at least two witnesses who are themselves interested in the estate, and anyone disqualified from witnessing a will under §1670 cannot witness it. The court can extend the month, but only on an application made before the month expires.	§1729
One year	The administrator must complete the administration and the account of administration and distribution, running from the dates in §1728, unless the testator, a majority of the heirs or the court fixes a different period.	§1732
10 days	Approval of the accounts, or any release from liability, is only valid if the accounts were delivered to the heirs, with the supporting documents, at least ten days in advance.	§1733
One year	An heir’s claim to the estate is barred one year after the heir knew, or ought to have known, of the death. A legatee’s claim under a will runs one year from learning of the right.	§1754
Before distribution completes	An interested person can apply to remove an administrator for neglect of duty or other proper cause, but only before the distribution is finished. An administrator may also resign, with the court’s permission and for proper cause.	§1727
Five years	Longstop: heirs cannot bring proceedings about the administration more than five years after the administration ends.	§1733

Two practical consequences. First, the 15-day inventory is routinely missed, because families are still arranging a funeral and the appointment has not even been made. The realistic reading is that the clock runs from when the administrator takes office, which is why the appointment date matters. Second, the one-year bar in section 1754 is the one that actually destroys claims: a family abroad assumes there is no hurry, and there is. We have written up a recent decision on exactly that in Thai inheritance claims after one year, Dika 284/2569.

The Process, Step by Step

Scène	Ce qui se produit	Typical time
1. Jurisdiction	Identify the correct provincial court: normally where the deceased was domiciled, or where the estate assets are.	Immédiat
2. Documents	Death certificate, the will if any, proof of the relationship of each heir, house registration and ID or passports, the asset list with supporting title documents. Foreign documents need certified translation and legalisation.	The long pole. Weeks, sometimes months if documents come from abroad
3. Petition	Petition drafted, heirs’ consents obtained where possible. Consents from all heirs are what keep a hearing short.	1 to 2 weeks
4. Filing and scheduling	Filed with the court, which sets a hearing date.	Court dependent
5. Public notice	The court requires notice so that anyone with a competing claim can appear.	Statutory notice period
6. Hearing	Usually short and uncontested where there is a will and the heirs agree. The petitioner normally attends.	One appearance
7. Order	The court appoints the administrator.	Same day to a few weeks for the written order
8. Appeal window and certificate	An appeal period runs; afterwards the court issues a certificate that no appeal was filed. Banks and the Land Office generally want this certificate, not just the order.	About 30 days plus issuing time
9. Inventory and administration	Inventory within 15 days of taking office, then collecting assets, paying debts, dealing with the banks and registries.	Weeks to months
10. Distribution and discharge	Distribution under section 1750, then accounts to the heirs and discharge.	Within the one-year limit in §1732, accounts under §1733

Step 8 is the one that surprises people. Getting the order is not the end: most institutions want the certificate of no appeal before they will act, so budget another month after the hearing before the bank actually pays out.

On distribution, section 1750 is worth knowing. Distribution can be made by the heirs each taking possession of their portions, or by selling the estate and dividing the proceeds. If instead the heirs distribute by agreement, that agreement cannot be enforced unless there is written evidence signed by the party to be held liable, or their agent. Family agreements about who gets what should therefore be written and signed, not settled over a meal.

How Long Does Probate Take in Thailand?

These are the firm’s own figures, corrected on 7 August 2026. They replace an earlier estimate on this page.

Fonctionnalité	Cas simple	Cas complexe
Calendrier total estimé	🧾 3-6 months	⏳ 8-24 mois
Traitement judiciaire	2 à 4 mois	6 à 18 mois
Transferts d'actifs	1 à 2 mois	2 à 6 mois
Estimation des frais juridiques	50 000 ฿ – 150 000 ฿	200 000 ฿+
Caractéristiques clés	✅ Pas de litiges entre les héritiers, un testament clair (le cas échéant) et tous les documents sont facilement disponibles.	❌ Testament contesté, héritiers manquants, créances de créanciers ou actifs dans plusieurs juridictions.
Frais de justice	0,5% à 1,5% de la valeur brute de la succession (plafonds légaux applicables)	0,5% à 1,5% de la valeur brute de la succession (plafonds légaux applicables)

Two things that table does not show. Foreign documents needing translation and legalisation abroad have to be gathered avant filing, so they sit in front of every number above. And the single biggest lever on the timescale is not the court: it is whether the documents proving who the heirs are exist, in the right form, translated and legalised. That is where the months go, and it is entirely front-loadable while the family is still deciding about the funeral.

What Does It Cost?

Three separate things, and they are often quoted as one, which is why estimates vary so wildly.

• Court fees and disbursements, paid to the court, scaled to the matter, plus publication and service costs.
• Translation and legalisation, per document, which for a cross-border family is frequently the largest line after legal fees.
• Legal fees. Probate and estate administration is quoted individually, tiered by the size and complexity of the estate and by whether it is contested. We do not publish a flat fee for it because an uncontested single-account estate and a contested estate with land in three provinces are not the same job.

A first consultation is 2 000 THB par heure, and after it you get a written quote for the whole matter before any work starts. Our published frais juridiques ET pricing are online.

Points That Only Affect Foreign Families

• A foreign will does not skip the Thai court. It can be recognised, but the executor it names has no power over Thai assets until a Thai court appoints them. See probate of a foreign will.
• Proving heirship across borders is evidence, not law. Foreign marriage and birth certificates work, provided they are properly certified by the issuing authority and translated. Get them early; legalisation takes weeks. Our document legalisation guide sets out the route.
• A foreign heir cannot keep land. Land must be disposed of within the period the authorities allow, though a foreigner is not prohibited from owning the building. A condominium can be kept if the building’s 49% foreign quota allows it. See Un étranger peut-il hériter de terres en Thaïlande ? ET Héritage d'un bien en tant qu'héritier étranger.
• You do not necessarily have to be here. Much of the preparation runs under a power of attorney, though the petitioner normally attends the hearing.

What If There Is No Will?

The estate still devolves on the heirs at the moment of death under section 1599, but who those heirs are is now the court’s problem rather than the testator’s decision. Section 1629 sets six classes of statutory heirs in order, and section 1635 gives the surviving spouse a share alongside them that varies with which class exists.

That is where intestate estates lose their months: the court has to be satisfied about family composition, and in a blended or cross-border family that can mean tracking down children from an earlier marriage in another country. What happens in detail is set out in Mourir sans testament en Thaïlande and in our inheritance law guide.

The comparison is stark enough to be worth stating plainly: a Thai will does not avoid the court, but it converts a contested factual enquiry into a short administrative hearing. At 3 900 THB it is the cheapest thing in this entire process. See rédiger un testament thaïlandais.

Common Questions

Combien de temps dure une procédure de succession en Thaïlande ?

Three to six months to a usable court order where there is a Thai will, the heirs agree and the documents are to hand. Four to eight months without a will. Add one to three months if documents must be translated and legalised abroad before filing, and a year or more if the appointment is contested. Budget roughly another month after the hearing for the certificate of no appeal, which most banks want before releasing funds.

Is there a probate court in Thailand?

No. There is no separate probate court and no probate registry. The ordinary provincial court with jurisdiction, normally where the deceased was domiciled or where the assets are, hears the petition and appoints an estate administrator.

Do I need a court order if there is a will?

Yes. A will may designate an administrator under section 1712, but designation is not appointment. The named person must still petition and the court must still order. What the will does is make the hearing short and uncontested.

Can a foreigner be an estate administrator in Thailand?

Yes. Section 1718 excludes only a person who has not attained legal majority, a person of unsound mind or declared quasi-incompetent, and a person adjudged bankrupt. Nationality is not a disqualification, and foreign spouses and children are appointed routinely. The administrator also does not have to be a non-heir; in Thailand the surviving spouse is commonly both.

What are the estate administrator’s deadlines?

The inventory must be started within 15 days of taking office (section 1728) and finished within one month, before at least two witnesses who are themselves interested in the estate, with any extension applied for before that month expires (section 1729). The administration and accounts must be completed within one year (section 1732), and accounts must reach the heirs with supporting documents at least ten days before they are approved (section 1733).

Can an estate administrator be removed?

Yes. Under section 1727 any interested person may apply to the court to remove an administrator for neglect of duty or other proper cause, but the application must be made before the distribution of the estate is complete. An administrator may also resign for proper cause with the court’s permission.

Is there a deadline to bring an inheritance claim in Thailand?

Yes. Section 1754 bars an heir’s claim one year after the heir knew, or ought to have known, of the death, and a legatee’s claim one year from learning of the right under the will. Separately, section 1733 stops heirs suing about the administration more than five years after it ends.

What assets can be transferred without a court order?

Only assets that sit in no official register: household goods, personal effects and cash in hand. Land, condominiums, bank accounts, registered vehicles, company shares and government securities all require the order. Life insurance paid to a named beneficiary is outside the estate and needs no order; a policy payable simply to “my heirs” falls into the estate under section 897.

Can heirs just agree who gets what?

They can distribute by each taking possession of their portions, or by selling and dividing the proceeds, under section 1750. But if they distribute by agreement instead, that agreement is unenforceable unless there is written evidence signed by the party to be held liable or their agent. Put family agreements in writing and sign them.

What does probate cost in Thailand?

Court fees and disbursements, translation and legalisation, and legal fees are three separate things. Probate and estate administration is quoted individually because an uncontested single-account estate and a contested estate with land in several provinces are not comparable work. A first consultation is 2,000 THB per hour and produces a written quote for the whole matter before any work begins.

Try it yourself first, free

You do not have to book anything to get started. These run in your browser, and you only pay us if you decide you want a lawyer involved.

How We Help

We handle Thai probate for families who are frequently not in Thailand: assembling and legalising the documents, drafting the petition and heirs’ consents, appearing at the hearing, obtaining the certificate of no appeal, and then the part that actually matters to the family, dealing with the banks, the Land Office, the Department of Land Transport and any company shares.

If the death is recent, the useful first step is a consultation at 2 000 THB par heure so that someone tells you which documents to start collecting now, because that is what sets the timetable. Contactez-nous in English, French or Thai.

E-mail: info@thailawonline.com  |  Téléphone: +66 87 225 1340 (English and French), +66 87 414 9288 (Thai and English).

This page states the position as at August 2026 and is general information, not advice on your estate. Statutory references are to the Thai Civil and Commercial Code. Timescales are our practical experience, not guarantees; court schedules vary by province.

Guides associés

• What to know before going to court in Thailand
• Thai bank accounts, which an administrator must deal with before any balance is released
• Transferring a vehicle in Thailand at the transport office
• The family registration book (tabien baan), often requested as proof of family composition
• Certificats de divorce, which matter where a former spouse still appears in the records
• Interpreters in Thai courtrooms, which foreign administrators usually need at the hearing