{"id":8856,"date":"2026-09-28T08:44:33","date_gmt":"2026-09-28T01:44:33","guid":{"rendered":"https:\/\/www.thailawonline.com\/thai-estate-administrator\/"},"modified":"2026-09-28T12:47:41","modified_gmt":"2026-09-28T05:47:41","slug":"thai-estate-administrator","status":"publish","type":"post","link":"https:\/\/www.thailawonline.com\/fr\/thai-estate-administrator\/","title":{"rendered":"Thai Estate Administrator: Buying Land From an Estate"},"content":{"rendered":"<p class=\"wp-block-paragraph\">A <strong>Thai estate administrator<\/strong> holds real power over a dead person&#8217;s land, and buyers routinely misunderstand how far that power goes. Sign a sale agreement with the administrator, hand over the money, move in, and you may still end up with nothing. Supreme Court decision <strong>1085\/2569<\/strong>, published on deka.in.th in September 2026, is a cold illustration: a buyer who had paid 600,000 baht was evicted by the person who inherited under the will, and the court then refused even to hear his counterclaim.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The ruling is procedural, but the consequence is entirely practical. If you buy from an estate and the transfer never reaches the Land Office, the person you have to sue is the administrator, in a case of your own, brought properly. You cannot bolt that fight onto the eviction claim someone else has filed against you.<\/p>\n\n\n\n<div class=\"wp-block-rank-math-toc-block\" id=\"rank-math-toc\"><h2>Table des mati\u00e8res<\/h2><nav><ul><li class=\"\"><a href=\"#what-a-thai-estate-administrator-can-and-cannot-do\">What a Thai Estate Administrator Can and Cannot Do<\/a><\/li><li class=\"\"><a href=\"#dika-1085-2569-the-buyer-who-lost-twice\">Dika 1085\/2569: The Buyer Who Lost Twice<\/a><\/li><li class=\"\"><a href=\"#why-the-counterclaim-was-thrown-out\">Why the Counterclaim Was Thrown Out<\/a><\/li><li class=\"\"><a href=\"#co-administrators-must-act-together\">Co-Administrators Must Act Together<\/a><\/li><li class=\"\"><a href=\"#a-sale-agreement-is-not-title\">A Sale Agreement Is Not Title<\/a><\/li><li class=\"\"><a href=\"#checklist-before-you-buy-from-an-estate\">Checklist Before You Buy From an Estate<\/a><\/li><li class=\"\"><a href=\"#frequently-asked-questions\">Foire aux questions<\/a><\/li><\/ul><\/nav><\/div>\n\n\n\n<h2 class=\"wp-block-heading\" id=\"what-a-thai-estate-administrator-can-and-cannot-do\">What a Thai Estate Administrator Can and Cannot Do<\/h2>\n\n\n\n<p class=\"wp-block-paragraph\">An estate administrator (<em>phu chatkan moradok<\/em>) is appointed either by the will or by court order under <a href=\"https:\/\/www.thailawonline.com\/fr\/thai-civil-code\/section-1711\/\">section 1711<\/a> of the Civil and Commercial Code. Under section 1719 the administrator must do what is necessary to carry out the will and to administer or distribute the estate, and no more. The administrator is a manager with a mandate, not an owner with a free hand.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">That distinction matters when land is sold. The administrator can sign, and the Land Office will register a transfer on the strength of the court order appointing them. But the administrator is still bound by the will, by the heirs&#8217; rights, and by the terms of their own appointment. A sale that cuts across a specific bequest in the will invites exactly the dispute that produced Dika 1085\/2569. Our <a href=\"https:\/\/www.thailawonline.com\/fr\/probate-in-thailand-estate-administration\/\">guide to probate and estate administration in Thailand<\/a> sets out how the appointment itself works.<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li><strong>Appointed by will or by court.<\/strong> There is no automatic administrator in Thailand; someone must apply.<\/li>\n\n\n\n<li><strong>Powers limited by the will.<\/strong> Section 1719 ties the administrator to the instructions in the will and to ordinary administration.<\/li>\n\n\n\n<li><strong>Accountable to the heirs.<\/strong> An administrator who deals with estate property for personal advantage can be removed and sued.<\/li>\n\n\n\n<li><strong>Not the owner.<\/strong> Title sits with the estate until registration transfers it to an heir or to a buyer.<\/li>\n<\/ul>\n\n\n\n<h2 class=\"wp-block-heading\" id=\"dika-1085-2569-the-buyer-who-lost-twice\">Dika 1085\/2569: The Buyer Who Lost Twice<\/h2>\n\n\n\n<p class=\"wp-block-paragraph\">The facts, stripped down. A parcel of land and the buildings on it formed part of an estate. There were two administrators. The defendant agreed to buy the property from the second administrator, with the first administrator&#8217;s consent, and paid 600,000 baht.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The transfer was never registered. Instead the first administrator refused to sign and transferred the property to the plaintiff, the person entitled under the will. The plaintiff, now the registered owner, sued to evict the buyer and three others and claimed 100,000 baht a month in damages plus 7.5% annual interest.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The buyer fought back with a counterclaim inside that same case: an order compelling the transfer of title into his name, or failing that, the return of his 600,000 baht. The lower court accepted the counterclaim. The Supreme Court reversed and struck it out.<\/p>\n\n\n\n<figure class=\"wp-block-table\"><table class=\"has-fixed-layout\"><thead><tr><th>Sc\u00e8ne<\/th><th>Outcome for the buyer<\/th><\/tr><\/thead><tbody><tr><td>Agreement with administrator No. 2<\/td><td>Paid 600,000 baht; no registration<\/td><\/tr><tr><td>Administrator No. 1 refuses<\/td><td>Title transferred to the heir under the will instead<\/td><\/tr><tr><td>Heir sues for eviction<\/td><td>Buyer is the defendant, facing 100,000 baht\/month in damages<\/td><\/tr><tr><td>Buyer&#8217;s counterclaim in the same case<\/td><td>Accepted below, <strong>struck out<\/strong> by the Supreme Court<\/td><\/tr><tr><td>Where the real claim belongs<\/td><td>A separate action against the administrators<\/td><\/tr><\/tbody><\/table><\/figure>\n\n\n\n<h2 class=\"wp-block-heading\" id=\"why-the-counterclaim-was-thrown-out\">Why the Counterclaim Was Thrown Out<\/h2>\n\n\n\n<p class=\"wp-block-paragraph\">Thai civil procedure lets a defendant counterclaim, but only within limits. Under section 177 paragraph 3 of the Civil Procedure Code a defendant may bring a claim against the plaintiff in the answer; section 179 paragraph 3 requires the claim to be sufficiently connected to the original claim for the two to be tried together.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The court held the buyer&#8217;s counterclaim failed that test. His grievance was with the administrators (one of whom sold to him, the other of whom refused to complete), not with the heir who had sued him. As the judgment put it, the counterclaim concerned &#8220;relations and disputes between Defendant 1 and the estate administrator, an external party&#8221;. The administrators were not parties to the eviction action, so the court could not order them to do anything in it.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The Supreme Court relied on sections 177 paragraph 3, 179 paragraph 3, <a href=\"https:\/\/www.thailawonline.com\/fr\/thai-civil-procedure-code\/section-144\/\">144<\/a>, 246, 252 and 254(3) of the Civil Procedure Code. The practical effect is that the eviction case proceeds on its own merits and the buyer must start again, in a new case, against the right defendants. He keeps his claim; he loses the years and the costs.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\" id=\"what-the-buyer-should-have-filed\">What the buyer should have filed<\/h3>\n\n\n\n<p class=\"wp-block-paragraph\">Two separate actions, not one counterclaim: an action against both administrators to compel registration of the transfer under the sale agreement, and, in the alternative, a claim for restitution of the purchase price. Had that case been filed first, the buyer could also have asked for an injunction to freeze any transfer of the land while the case ran.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\" id=\"co-administrators-must-act-together\">Co-Administrators Must Act Together<\/h2>\n\n\n\n<p class=\"wp-block-paragraph\">The trap in Dika 1085\/2569 opened because the estate had two administrators and only one of them was willing to sell. Section 1726 of the Civil and Commercial Code is direct about this: where there is more than one administrator, their acts must be done by a majority, unless the will provides otherwise. With exactly two administrators, that means <strong>les deux<\/strong>. One signature is not enough.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">So a foreign buyer looking at land held by an estate needs to know, before any money moves, how many administrators the court appointed and whether all of them are signing. The court order of appointment names them. Ask for it, read it, and count.<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li><strong>Two administrators?<\/strong> Both must sign. A majority of two is two.<\/li>\n\n\n\n<li><strong>Three administrators?<\/strong> Two will do, unless the will says otherwise.<\/li>\n\n\n\n<li><strong>Will says otherwise?<\/strong> The will controls: read it alongside the court order.<\/li>\n\n\n\n<li><strong>One administrator who claims to speak for the others?<\/strong> Get it in writing, or walk away.<\/li>\n<\/ul>\n\n\n\n<h2 class=\"wp-block-heading\" id=\"a-sale-agreement-is-not-title\">A Sale Agreement Is Not Title<\/h2>\n\n\n\n<p class=\"wp-block-paragraph\">The second lesson is older than this case and is the one expats most often learn the expensive way. Under section 456 of the Civil and Commercial Code, a sale of immovable property is void unless it is made in writing and registered with the competent official at the Land Office. A signed agreement and a receipt for 600,000 baht create contractual rights. They do not make you the owner, and they do not stop the estate transferring the land to somebody else.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Whoever gets to the Land Office first and registers wins the land; everyone else is left with a claim for damages against a person who may or may not be able to pay. Our <a href=\"https:\/\/www.thailawonline.com\/fr\/transferring-property-in-thailand\/\">guide to transferring property in Thailand<\/a> walks through what registration actually involves, and <a href=\"https:\/\/www.thailawonline.com\/fr\/title-deeds-in-thailand\/\">our page on Thai title deeds<\/a> explains what the different title documents do and do not prove.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">For foreign buyers there is a further layer: land cannot generally be held in a foreigner&#8217;s own name, so a purchase from an estate frequently has to be structured as a lease, a usufruct, or a condominium unit instead. <a href=\"https:\/\/www.thailawonline.com\/fr\/property-guide-for-foreigners-in-thailand\/\">Our property guide for foreigners in Thailand<\/a> covers those routes, and <a href=\"https:\/\/www.thailawonline.com\/fr\/can-a-foreigner-inherit-land-in-thailand\/\">Un \u00e9tranger peut-il h\u00e9riter de terres en Tha\u00eflande ?<\/a> deals with the inheritance side.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\" id=\"checklist-before-you-buy-from-an-estate\">Checklist Before You Buy From an Estate<\/h2>\n\n\n\n<p class=\"wp-block-paragraph\">Buying from an estate is not inherently dangerous. Buying from an estate without checking the paperwork is. Before any deposit leaves your hands, work through the following.<\/p>\n\n\n\n<ol class=\"wp-block-list\">\n<li><strong>Get the court order of appointment.<\/strong> It names every administrator and states the scope of their authority. A photocopy of somebody&#8217;s ID card is not a substitute.<\/li>\n\n\n\n<li><strong>Read the will.<\/strong> If the land you are buying is the subject of a specific bequest to a named person, expect that person to fight, exactly as the plaintiff did in Dika 1085\/2569.<\/li>\n\n\n\n<li><strong>Confirm every administrator signs.<\/strong> Section 1726 requires a majority; with two administrators that means both of them.<\/li>\n\n\n\n<li><strong>Search the title at the Land Office.<\/strong> Check the chanote for mortgages, servitudes, seizures and pending annotations.<\/li>\n\n\n\n<li><strong>Register on the day you pay.<\/strong> Simultaneous payment and registration is the only structure that protects you. Staged payments before registration are where buyers lose money.<\/li>\n\n\n\n<li><strong>If registration is delayed, act immediately.<\/strong> File suit against the administrators and ask the court for an injunction against further transfer. Waiting until someone sues you is how a claim turns into a counterclaim that gets struck out.<\/li>\n<\/ol>\n\n\n\n<p class=\"wp-block-paragraph\">The Supreme Court publishes its decisions through the official <a href=\"https:\/\/deka.supremecourt.or.th\/\" target=\"_blank\" rel=\"noopener\">Deka<\/a> database; Dika 1085\/2569 is also indexed on the community database at deka.in.th. If you are already in a dispute of this kind, <a href=\"https:\/\/www.thailawonline.com\/fr\/what-to-know-before-you-go-to-court-in-thailand\/\">our page on what to know before you go to court in Thailand<\/a> explains how the civil courts handle it and what to expect procedurally.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\" id=\"frequently-asked-questions\">Foire aux questions<\/h2>\n\n\n<div id=\"rank-math-faq\" class=\"rank-math-block\">\n<div class=\"rank-math-list\">\n<div id=\"faq-can-an-estate-administrator-in-thailand-sell-land\" class=\"rank-math-list-item\">\n<h3 class=\"rank-math-question\">Can a Thai estate administrator sell land from the estate?<\/h3>\n<div class=\"rank-math-answer\">\n\n<p>Yes. An administrator appointed under CCC section 1711 may sell estate property where that is necessary for the administration or distribution of the estate under section 1719. But the sale must be consistent with the will, and where there is more than one administrator section 1726 requires a majority to act.<\/p>\n\n<\/div>\n<\/div>\n<div id=\"faq-what-if-the-administrator-refuses-to-transfer-title\" class=\"rank-math-list-item\">\n<h3 class=\"rank-math-question\">What if the administrator refuses to transfer title after I have paid?<\/h3>\n<div class=\"rank-math-answer\">\n\n<p>You sue the administrator directly for performance of the sale agreement, or in the alternative for return of the purchase price. Dika 1085\/2569 confirms you cannot raise that claim as a counterclaim in an eviction case brought by someone else, because the administrator is not a party to it.<\/p>\n\n<\/div>\n<\/div>\n<div id=\"faq-do-all-co-administrators-have-to-sign\" class=\"rank-math-list-item\">\n<h3 class=\"rank-math-question\">Do all co-administrators have to sign the sale?<\/h3>\n<div class=\"rank-math-answer\">\n\n<p>A majority must act, under CCC section 1726, unless the will provides differently. Where the court appointed exactly two administrators, a majority is both of them, so one signature alone will not support a valid transfer.<\/p>\n\n<\/div>\n<\/div>\n<div id=\"faq-is-a-signed-sale-agreement-enough-to-own-the-land\" class=\"rank-math-list-item\">\n<h3 class=\"rank-math-question\">Is a signed sale agreement enough to own the land?<\/h3>\n<div class=\"rank-math-answer\">\n\n<p>No. Under CCC section 456 a sale of immovable property is void unless made in writing and registered at the Land Office. Until registration you hold contractual rights against the seller, not ownership, and the estate can still transfer the land to someone else.<\/p>\n\n<\/div>\n<\/div>\n<div id=\"faq-how-long-do-i-have-to-bring-a-claim\" class=\"rank-math-list-item\">\n<h3 class=\"rank-math-question\">How long do I have to bring a claim against an estate?<\/h3>\n<div class=\"rank-math-answer\">\n\n<p>Claims against an estate are subject to short limitation periods, including the one-year rule in CCC section 1754 running from when the creditor learned of the death. Do not let a transfer dispute drift; get advice on the applicable period early.<\/p>\n\n<\/div>\n<\/div>\n<div id=\"faq-can-a-foreigner-buy-land-from-a-thai-estate\" class=\"rank-math-list-item\">\n<h3 class=\"rank-math-question\">Can a foreigner buy land from a Thai estate?<\/h3>\n<div class=\"rank-math-answer\">\n\n<p>A foreigner generally cannot hold land in their own name, so a purchase from an estate is usually structured as a condominium unit, a registered lease or a usufruct. See our property guide for foreigners in Thailand for the available routes.<\/p>\n\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n\n\n<p class=\"wp-block-paragraph\"><strong>About the author.<\/strong> This article was written and reviewed by <strong>S\u00e9bastien H. Brousseau, LL.B., B.Sc.<\/strong> Sebastien has been based in Thailand since 2004 and has run ThaiLawOnline since 2006, working with expats on Thai property, succession and estate matters. If an estate administrator has sold you land and the transfer has stalled, <a href=\"https:\/\/www.thailawonline.com\/fr\/contact-us\/\">Contactez ThaiLawOnline<\/a>; the earlier you move, the more options you still have.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><em>Disclaimer: this article is general information about Thai law and is not legal advice. Supreme Court decisions turn on their own facts, and the outcome of your matter will depend on yours. Please consult a qualified professional about your specific situation before acting.<\/em><\/p>","protected":false},"excerpt":{"rendered":"<p>Thai estate administrator sold you land but never transferred title? Dika 1085\/2569 shows why you must sue the administrator in a case of your own.<\/p>","protected":false},"author":1,"featured_media":8858,"comment_status":"closed","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"pmpro_default_level":"","site-sidebar-layout":"default","site-content-layout":"","ast-site-content-layout":"default","site-content-style":"default","site-sidebar-style":"default","ast-global-header-display":"","ast-banner-title-visibility":"","ast-main-header-display":"","ast-hfb-above-header-display":"","ast-hfb-below-header-display":"","ast-hfb-mobile-header-display":"","site-post-title":"","ast-breadcrumbs-content":"","ast-featured-img":"","footer-sml-layout":"","ast-disable-related-posts":"","theme-transparent-header-meta":"","adv-header-id-meta":"","stick-header-meta":"","header-above-stick-meta":"","header-main-stick-meta":"","header-below-stick-meta":"","astra-migrate-meta-layouts":"default","ast-page-background-enabled":"default","ast-page-background-meta":{"desktop":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"ast-content-background-meta":{"desktop":{"background-color":"var(--ast-global-color-4)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"var(--ast-global-color-4)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"var(--ast-global-color-4)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"footnotes":"","rank_math_focus_keyword":"thai estate administrator","rank_math_title":"Thai Estate Administrator: Buying Land From an Estate %sep% %sitename%","rank_math_description":"Thai estate administrator sold you land but never transferred title? 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