Section 1620 — Statutory heirs — six classes order
Statutory text (Thai original)
ถ้าผู้ใดตายโดยไม่ได้ทำพินัยกรรมไว้หรือทำพินัยกรรมไว้แต่ไม่มีผลบังคับได้ ให้ปันทรัพย์มรดกทั้งหมดแก่ทายาทโดยธรรมของผู้ตายนั้นตามกฎหมายถ้าผู้ใดตายโดยได้ทำพินัยกรรมไว้ แต่พินัยกรรมนั้นจำหน่ายทรัพย์หรือมีผลบังคับได้แต่เพียงบางส่วนแห่งทรัพย์มรดก ให้ปันส่วนที่มิได้จำหน่ายโดยพินัยกรรม หรือส่วนที่พินัยกรรมไม่มีผลบังคับให้แก่ทายาทโดยธรรมตามกฎหมาย
Verbatim from the Royal Gazette / Office of the Council of State
คำแปลภาษาอังกฤษ
Where a person dies without having made a will, or if having made a will, his will has no effect, the whole of his estate shall be distributed among his statutory heirs according to the law. Where a person dies having made a will which disposes of or has effect for a part only of his estate, the part which has not been disposed of or is not affected by the will shall be distributed among his statutory heirs according to the law.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 1620 (with §1629) sets the intestate-succession order: (1) descendants; (2) parents; (3) full siblings; (4) half-siblings; (5) grandparents; (6) uncles and aunts. The surviving spouse takes a share alongside whatever class inherits (§1635), not a separate class. "Higher excludes lower" — if any class-1 descendants survive, classes 2-6 take nothing. SC decisions 5902/2567 and 4746/2568 confirm that adopted children (under the §1598/19 adoption regime) count as class-1 heirs equal to biological children.
Why this matters in practice
For lawyers: a will that is formally void (e.g., missing the date under §1656) results in total intestacy; a will that is valid but silent on some assets results in partial intestacy for those assets. For clients: if you die without a will that covers all your assets, Thai law determines who inherits everything that is not covered. The six classes of statutory heirs (§1629) and the surviving spouse (§1635) will divide the undisposed estate. Since 22 January 2025, 'spouse' includes a same-sex spouse under the Marriage Equality Act (No. 24, B.E. 2567).
Legislative history
Part of the original Civil and Commercial Code codification; no major subsequent amendment. Section 1620 is the gateway provision for intestate succession, ensuring that the entire estate is always distributed — either by will, by statute, or by a combination of both.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 7811/2542 (1999)
Without a will, an estate devolves immediately on the statutory heirs by operation of law; descendants as first-class heirs under §1629(1) inherit from the moment of death and are bound by the deceased's pre-death contracts.
The deceased left no will disposing of the disputed land. The court held that the land immediately devolved on the statutory heirs under §1599 paragraph one; the defendant, being a descendant, was a first-class statutory heir under §1629(1) entitled to receive the land from the moment of death, and was bound by a pre-death contract of sale the deceased had entered into.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
What happens if someone dies without a will in Thailand?
The entire estate passes to the statutory heirs under §1620. Thai law recognises six classes of heirs in descending priority: (1) descendants, (2) parents, (3) full-blood siblings, (4) half-blood siblings, (5) grandparents, (6) uncles and aunts. A higher class excludes lower classes entirely. The surviving spouse also inherits alongside whichever class takes, in proportions set by §1635. Since 22 January 2025, a same-sex spouse has the same inheritance rights as any other spouse, following the Marriage Equality Act (No. 24, B.E. 2567). If there are no heirs at all, the estate escheats to the State.