Reviewed by ThaiLawOnline, a licensed Thai law firm practising in Thailand since 2006. Thai lawyer of record: Wichuda Atthamethakon, LL.M., Thai Bar Licence 3149/2556.
Last updated on September 5, 2026
A statutory heir (ทายาทโดยธรรม, thayat doi tham, sometimes rendered heir at law or legal heir) is a person who inherits under the Civil and Commercial Code rather than under a will. Section 1629 lists six classes of relatives, and the surviving spouse is a statutory heir alongside them with a share that depends on which class is inheriting. The order applies only when there is no will, or a will that does not dispose of everything. A valid will displaces it, because Thai law has no forced heirship: a testator may leave a statutory heir nothing.
Table of Contents
The six classes under Section 1629
The classes are ranked, and the nearest surviving class takes the whole estate to the exclusion of the ones below it (Section 1630), with one exception: parents (class 2) inherit alongside descendants (class 1), each parent taking the same share as a child. Heirs of the same degree share equally, and where a member of class 1, 3, 4 or 6 died before the deceased, that member’s own descendants take the share by representation.
| Class | Who inherits | Spouse’s share alongside them |
|---|---|---|
| 1 | Descendants: children, grandchildren, adopted and legitimated children | Same share as one child |
| 2 | Parents | One half |
| 3 | Brothers and sisters of full blood | One half |
| 4 | Brothers and sisters of half blood | Two thirds |
| 5 | Grandparents | Two thirds |
| 6 | Uncles and aunts | Two thirds |
The spouse’s share comes from Section 1635. Where no relative in any class survives, the spouse takes everything; where there is no spouse and no heir at all, the estate passes to the State (Section 1753). Before any of this applies, marital property is split and only the deceased’s half enters the estate.
Who counts, and what foreigners meet
Marriage must be registered. Only a spouse from a marriage registered at a district office, or a foreign marriage valid where it was celebrated, is a statutory heir; a partner of twenty years without registration is not. A child born outside marriage is a statutory heir of the mother automatically, and of the father only after legitimation under Section 1547 or a court judgment. An adopted child inherits from the adoptive parent as a natural child would.
Foreign heirs. A foreign spouse or child inherits Thai bank accounts, vehicles and shares like anyone else. Land is different: a foreigner who inherits land as a statutory heir needs permission from the Minister of Interior under Section 93 of the Land Code, and without it must dispose of the land within a year and keep the proceeds. A condominium unit passes if the building’s 49% foreign quota allows; otherwise the foreign heir must sell within one year. The claim must be brought within one year of the heir learning of the death (Section 1754), with a ten-year outer limit. A will made at a district office is now kept under the Ministerial Regulation on the Making of Wills B.E. 2569, in force since 24 March 2026 (any amphur or khet office, 250 baht, certified copies 50 baht); it is procedural and changed none of the classes or shares.
Statutory heir compared with legatee
A legatee takes under a will and can be anyone: a friend, a charity, a former partner. A statutory heir takes under the Code and must be a listed relative or the spouse. The same person is often both. The distinction matters at probate, where a statutory heir has standing to apply for the estate administrator’s appointment (Section 1713) and to object to a will, and for tax: descendants and ascendants pay inheritance tax at 5% above the 100 million baht threshold, other recipients 10%.
For a foreigner with a Thai family the statutory order is a default, not a plan. It gives a Thai wife an equal share with each child, sends assets to parents or siblings abroad when there are no children, and names nobody to manage anything. The guide on dying without a will in Thailand walks through the outcomes.
Frequently asked questions
Who are the statutory heirs in Thailand?
Section 1629 lists six classes in order: descendants, parents, full-blood siblings, half-blood siblings, grandparents, and uncles and aunts. The surviving spouse inherits alongside whichever class survives, and takes everything if no relative in any class is alive.
Can a foreigner be a statutory heir in Thailand?
Yes. A foreign spouse or child of a Thai national inherits as a statutory heir like any Thai relative. Land is the exception: a foreign heir needs ministerial permission under Section 93 of the Land Code, and without it must sell the land within one year and keep the money.
Does a Thai wife automatically inherit everything?
No. A registered wife shares the estate with the husband’s statutory heirs: an equal share with each child, half if only his parents or full siblings survive, two thirds against half-siblings, grandparents or uncles and aunts. She takes everything only if none of those relatives is alive, or if a will says so.
See also: six classes of statutory heirs, intestacy, legatee, estate, and the guides on dying without a will in Thailand and inheritance law for foreigners.
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