Section 1713 — Court order required to appoint estate administrator
Statutory text (Thai original)
ทายาทหรือผู้มีส่วนได้เสียหรือพนักงานอัยการจะร้องต่อศาลขอให้ตั้งผู้จัดการมรดกก็ได้ ในกรณีดังต่อไปนี้(๑) เมื่อเจ้ามรดกตาย ทายาทโดยธรรมหรือผู้รับพินัยกรรมได้สูญหายไป หรืออยู่นอกราชอาณาเขต หรือเป็นผู้เยาว์(๒) เมื่อผู้จัดการมรดกหรือทายาทไม่สามารถ หรือไม่เต็มใจที่จะจัดการ หรือมีเหตุขัดข้องในการจัดการ หรือในการแบ่งปันมรดก(๓) เมื่อข้อกำหนดพินัยกรรมซึ่งตั้งผู้จัดการมรดกไว้ไม่มีผลบังคับได้ด้วยประการใด ๆการตั้งผู้จัดการมรดกนั้น ถ้ามีข้อกำหนดพินัยกรรมก็ให้ศาลตั้งตามข้อกำหนดพินัยกรรม และถ้าไม่มีข้อกำหนดพินัยกรรม ก็ให้ศาลตั้งเพื่อประโยชน์แก่กองมรดกตามพฤติการณ์ และโดยคำนึงถึงเจตนาของเจ้ามรดก แล้วแต่ศาลจะเห็นสมควร
Verbatim from the Royal Gazette / Office of the Council of State
คำแปลภาษาอังกฤษ
Any heir or any toger interested person or the Public Prosecutor may apply to the Court to appoint an administrator of the estate in the following cases: 1. If on the death of the de cujus any statutory heir or legatee is not found or is abroad or is a minor; 2. If the administrator of the estate or the heir is unable or unwilling to carry on or is impeded in carrying on the administration or distribution of the estate 3. If a testamentary disposition appointing an administrator of the estate has no effect for any reason whatsoever Such appointment shall be made by the Court in accordance with the provisions of the will, if any. Failing such provision the Court may make the appointment for the benefit of the estate, having regard to the circumstances and taking into consideration the intention of the de cujus as the Court may think fit.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 1713 is the gateway to probate in Thailand. Without a court-issued administration order, banks, the Land Department, the Department of Lands, and other institutions refuse to release the deceased's property. Even where there is a will naming an executor, the executor often still needs the court order to deal with registered assets. Process: petition filed in the family/civil court of the deceased's last domicile, with death certificate, heir list, asset inventory, and any will. Hearing typically scheduled within 2 months; order issued within 4-6 months total in routine cases.
Why this matters in practice
For lawyers: 'interested person' under §1713 is broadly construed — it includes not only heirs but also creditors of the estate, persons who have contractual claims against the estate, and common-law spouses who can show a proprietary interest in jointly acquired property (Dika 12734/2558). A person who has been expressly disinherited by a valid will does not qualify (Dika 1099/2550). The court appoints following the will's direction if there is one; otherwise in the interests of the estate. For clients: if there is no agreement among heirs on who should manage the estate, a court application under §1713 is the correct route.
Legislative history
Part of the original Civil and Commercial Code codification; no major subsequent amendment. Section 1713 is the central procedural provision for court-appointed administration and is heavily litigated — particularly the question of who qualifies as an 'interested person' with standing to petition.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 3718/2548 (2005)
A lawful spouse who is separated but not divorced retains full statutory heir rights under §1628 and is therefore an 'interested person' with standing to petition under §1713.
The applicant was the lawful wife of the deceased, although living separately. The court held that a spouse who has not been formally divorced retains statutory heir rights under §1628 and is therefore an interested person under §1713 with standing to petition for an estate administrator. An unregistered long-term partner (living 10+ years with the deceased) who shows joint acquisition of property may also be an interested person under §1713.
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Supreme Court Judgment No. 1099/2550 (2007) ★ Landmark
A person expressly disinherited by a valid will under §1608 has no proprietary interest in the estate and lacks standing as an 'interested person' under §1713.
The deceased left a will bequeathing all property to the applicant, expressly excluding the deceased's child. The court held the child, having been disinherited under §1608 paragraph two, had no proprietary interest in the estate and therefore lacked standing as an 'interested person' to petition for appointment of an estate administrator under §1713. However, once a court order appointing the child as administrator was made (despite the lack of standing), the administrator was duty-bound under §1719 to distribute to the rightful legatee and could not transact with themselves.
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Supreme Court Judgment No. 12734/2558 (2015)
An unregistered partner is not a statutory heir but may be an 'interested person' under §1713 where there is evidence of joint ownership in property acquired together with the deceased.
The plaintiff and the deceased cohabited without registering their marriage. The court held the plaintiff was not a lawful spouse and therefore not a statutory heir. However, the plaintiff may have co-ownership rights in jointly acquired property; on that basis the court treated the plaintiff as a person with a sufficient interest to be appointed as estate administrator under §1713.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
How long does it take to get a court-appointed estate administrator in Thailand?
The timeline varies by court and complexity. In straightforward uncontested cases before the Civil Court in Bangkok, the process typically takes three to six months from filing the petition to receiving the court order. Cases outside Bangkok in provincial courts may be faster. If there are objectors, the case becomes contested and may take one to two years or longer. The petition must be supported by: the deceased's death certificate, proof of the applicant's relationship to the deceased or interest in the estate, and an inventory of known estate assets. A lawyer's assistance is strongly recommended.