Book 6: Succession
Inheritance, wills, statutory heirs, executors, probate.
Sections 1599 to 1755 · 157 sections in the official text
Last reviewed: 12 October 2026
Start here: Wills and inheritance
Amendments recorded for this Book
- Marriage Equality Act (Civil & Commercial Code Amendment No. 24), B.E. 2567 (2024) , in force 23 January 2025. Sections: 1620, 1629, 1635
The list above is built from the amendment notes on our section pages.
Other amending instruments
- Act Amending the Civil and Commercial Code (No. 24) B.E. 2567 (2024) (further sections). Sections: 1606, 1625, 1628
- Act Amending the Civil and Commercial Code (No. 17) B.E. 2550 (2007). Sections: 1686
- Act Amending the Civil and Commercial Code (No. 14) B.E. 2548 (2005). Sections: 1688, 1702
- Act Amending the Civil and Commercial Code (No. 6) B.E. 2495 (1952). Sections: 1669
- Act Amending the Civil and Commercial Code B.E. 2479. Sections: 1672
Source: footnotes in the consolidated text published by the Office of the Council of State (version in force 25 March 2025). Each instrument is listed with the sections whose current wording it gave; amendments later replaced by another instrument are not shown. English names are our translation, not yet reviewed by the firm.
Annotated sections in this Book
Title 1: General Provisions
Chapter 1: Devolution of the Estate
- §1599Inheritance, opening on deathWhen a person dies, the estate passes to the heirs. An heir can lose the right to the estate only under a provision of this…
- §1600What an estate consists ofThe estate of a deceased person includes property of every kind, together with the deceased's rights, duties and liabilities. The one exception is anything that…
- §1601Heir's liability limited to estate property Draft heading, not yet reviewed by the firmAn heir's liability for the debts of the estate is strictly limited to the value of the property that devolved on that heir; personal assets…
- §1602Estate of a person declared absent Draft heading, not yet reviewed by the firmWhen a person is deemed dead under section 62, the estate passes to the heirs. If it is proved that the person is still alive,… Draft, not yet reviewed by the firm
- §1603Statutory heirs and will beneficiaries Draft heading, not yet reviewed by the firmThe estate passes to heirs either by right under the law or under a will. Heirs entitled by law are called statutory heirs (thayat doi… Draft, not yet reviewed by the firm
Chapter 2: Being an Heir
- §1604Who can be an heir Draft heading, not yet reviewed by the firmOnly a natural person who has legal personality at the time of the deceased's death may be an heir. A child born alive within 310…
- §1605Exclusion of an heir who conceals estate property Draft heading, not yet reviewed by the firmAn heir who fraudulently, or knowing it harms other heirs, misappropriates or conceals estate property worth their share or more loses the inheritance entirely; if… Draft, not yet reviewed by the firm
- §1606Exclusion from an inheritance for unworthinessUnworthy persons are excluded from inheriting: those finally convicted of killing or attempting to kill the deceased or an earlier heir, false accusers of a… Draft, not yet reviewed by the firm
- §1607Exclusion of an heir and the excluded heir's descendants Draft heading, not yet reviewed by the firmExclusion from inheritance is personal. The excluded heir's descendants inherit as if that heir had died, but the excluded heir has no right to manage… Draft, not yet reviewed by the firm
Chapter 3: Disinheritance
- §1608Disinheriting a statutory heir Draft heading, not yet reviewed by the firmThe deceased may disinherit a statutory heir by clearly expressing that intention, either in a will or in a document delivered to an official, naming… Draft, not yet reviewed by the firm
- §1609Revoking a disinheritance Draft heading, not yet reviewed by the firmA disinheritance may be revoked. If it was made by will, it can be revoked only by will. If it was made by a document… Draft, not yet reviewed by the firm
Chapter 4: Renunciation of Inheritance and Other Matters
- §1610Appointing a representative for an incapable heir Draft heading, not yet reviewed by the firmWhere an inheritance passes to a minor, a person of unsound mind or a person unable to manage their own affairs under section 32 who… Draft, not yet reviewed by the firm
- §1611Acts of an incapable heir needing consent and approval Draft heading, not yet reviewed by the firmA minor, a person of unsound mind or a person unable to manage their own affairs under section 32 cannot, as an heir, renounce an… Draft, not yet reviewed by the firm
- §1612Form of renouncing an inheritance Draft heading, not yet reviewed by the firmRenouncing an inheritance requires a clear written expression of intention delivered to an official, or a compromise contract. Draft, not yet reviewed by the firm
- §1613Renunciation cannot be partial or revoked Draft heading, not yet reviewed by the firmAn inheritance cannot be renounced in part, or subject to a condition or a time limit, and a renunciation cannot be withdrawn. Draft, not yet reviewed by the firm
- §1614Creditors' right to annul a renunciation Draft heading, not yet reviewed by the firmIf an heir renounces knowing it will prejudice their creditors, the creditors may apply to annul the renunciation, unless the person who benefits did not… Draft, not yet reviewed by the firm
- §1615Effect of renunciation and share of descendants Draft heading, not yet reviewed by the firmA renunciation takes effect back to the time of the deceased's death. When a statutory heir renounces, their descendants inherit in their own right and… Draft, not yet reviewed by the firm
- §1616Renouncing heir's rights over descendants' inheritance Draft heading, not yet reviewed by the firmWhere the descendants of a renouncing heir inherit under section 1615, the renouncing heir has no right to manage or use the property they receive,… Draft, not yet reviewed by the firm
- §1617Renunciation by a will beneficiary Draft heading, not yet reviewed by the firmA will beneficiary who renounces, together with their descendants, has no right to receive the inheritance that was renounced. Draft, not yet reviewed by the firm
- §1618Redistribution of a renounced share Draft heading, not yet reviewed by the firmIf a statutory heir who renounced has no descendants able to inherit, or if a will beneficiary renounced, the renouncing person's share passes on to… Draft, not yet reviewed by the firm
- §1619No disposal of future inheritance rights Draft heading, not yet reviewed by the firmNo one may renounce or transfer in any manner a right that may arise in future to inherit from a person who is still living. Draft, not yet reviewed by the firm
Title 2: Statutory Right of Succession
Chapter 1: General Provisions
- §1620Statutory heirs, six classes orderWhere a person dies without a will, or with a will that has no effect, the whole estate is distributed to the statutory heirs according…
- §1621Statutory share alongside a bequest Draft heading, not yet reviewed by the firmUnless the will states otherwise, a statutory heir who receives some property under a will may still claim their full statutory share out of the… Draft, not yet reviewed by the firm
- §1622Buddhist monks as heirs and will beneficiaries Draft heading, not yet reviewed by the firmA Buddhist monk cannot claim an estate as a statutory heir unless he has left the monkhood and claims within the prescription period under section… Draft, not yet reviewed by the firm
- §1623Property acquired by a monk during monkhood Draft heading, not yet reviewed by the firmProperty acquired by a Buddhist monk during his time in the monkhood passes, on his death, to the monastery that is his domicile, unless he…
- §1624Property owned before becoming a monk Draft heading, not yet reviewed by the firmProperty that belonged to a person before ordination as a monk does not become the monastery's. It passes to that person's statutory heirs, or the… Draft, not yet reviewed by the firm
- §1625Dividing property between the deceased and the surviving spouseWhere the deceased was married, the marital property must first be liquidated, the surviving spouse takes their half of joint marital property (sinsomros), before the…
- §1626Dividing the estate among statutory heirs Draft heading, not yet reviewed by the firmOnce section 1625 (1) has been complied with, the estate is divided among statutory heirs in two steps: first among the orders and classes of… Draft, not yet reviewed by the firm
- §1627Acknowledged and adopted children are descendantsThis section covers two kinds of child, not one. An illegitimate child whom the father has acknowledged, and an adopted child, are both deemed to…
- §1628Separated spouses still inheritSpouses who have abandoned each other or live apart, but have not been legally divorced, keep their statutory right to inherit from one another. Draft, not yet reviewed by the firm
Chapter 2: Division of the Estate among Statutory Heirs of the Various Orders and Classes
- §1629Six classes of statutory heirs detailedThere are only six classes of statutory heirs, entitled in this order, subject to Section 1630 paragraph 2: (1) descendants; (2) parents; (3) full-blood siblings;…
- §1630Priority among orders of statutory heirs Draft heading, not yet reviewed by the firmWhile any heir, or an unbroken line of representatives, exists in an order listed in section 1629, heirs in lower orders have no right to… Draft, not yet reviewed by the firm
- §1631Inheritance among descendants of different degrees Draft heading, not yet reviewed by the firmAmong descendants of different degrees, only the deceased's children in the nearest degree have the right to inherit. Descendants in lower degrees may inherit only… Draft, not yet reviewed by the firm
Chapter 3: Shares of Statutory Heirs of the Various Orders and Classes
Part 1: Relatives
- §1632Division of the estate among relative heirs Draft heading, not yet reviewed by the firmSubject to the last paragraph of section 1629, the division of the estate among statutory heirs in the order of relatives follows the provisions of… Draft, not yet reviewed by the firm
- §1633Equal shares within an order of heirs Draft heading, not yet reviewed by the firmStatutory heirs of the same class share equally among themselves. If only one heir in a class exists, that heir takes the entire portion available…
- §1634Shares among descendants inheriting by representation Draft heading, not yet reviewed by the firmAmong descendants taking by representation within one line: where they are of different degrees, only the deceased's children of the nearest degree inherit directly and… Draft, not yet reviewed by the firm
Part 2: Spouse
- §1635Surviving spouse's shareThe surviving spouse takes the same share as a child where there are descendants (or their representatives); one half where there are full-blood siblings (or…
- §1636Several lawful wives from before Book 5 took effect Draft heading, not yet reviewed by the firmIf the de cujus has left several wives surviving who acquired their legal status before the enforcement of the Civil and Commercial Code Book V,…
- §1637Spouse as life insurance beneficiary Draft heading, not yet reviewed by the firmA surviving spouse named as life insurance beneficiary receives the full sum agreed with the insurer, but must repay the other spouse's original property or… Draft, not yet reviewed by the firm
- §1638Joint annuity contracts between spouses Draft heading, not yet reviewed by the firmWhere both spouses invested in a contract paying each an annuity while they live together, and the survivor continues to receive it for life, the… Draft, not yet reviewed by the firm
Chapter 4: Succession by Representation
- §1639Representation by descendants of a deceased heir Draft heading, not yet reviewed by the firmIf a person who would be an heir under section 1629 (1), (3), (4) or (6) dies or is excluded before the deceased, their descendants… Draft, not yet reviewed by the firm
- §1640Representation where a person is deemed dead Draft heading, not yet reviewed by the firmWhere a person is deemed dead under section 65 of the Code, inheritance by representation may take place. Draft, not yet reviewed by the firm
- §1641No representation for certain heirs Draft heading, not yet reviewed by the firmIf a person who would be an heir under section 1629 (2) or (5) dies or is excluded before the deceased, and another heir of… Draft, not yet reviewed by the firm
- §1642Representation only among statutory heirs Draft heading, not yet reviewed by the firmInheritance by representation applies only among statutory heirs. Draft, not yet reviewed by the firm
- §1643Representation limited to direct descendants Draft heading, not yet reviewed by the firmThe right to inherit by representation belongs only to direct descendants. Ascendants have no such right. Draft, not yet reviewed by the firm
- §1644Condition for inheriting by representation Draft heading, not yet reviewed by the firmA descendant may inherit by representation only if that descendant has a full right to inherit. Draft, not yet reviewed by the firm
- §1645Renouncer may still inherit by representation Draft heading, not yet reviewed by the firmA person who renounces the inheritance of one person does not lose the right to inherit from other persons by representing that first person. Draft, not yet reviewed by the firm
Title 3: Wills
Chapter 1: General Provisions
- §1646Right to make a willAny person may make a will directing what is to happen to their property, and other matters, on their death. This section fixes no minimum…
- §1647Disposition on death by will Draft heading, not yet reviewed by the firmA declaration of intention providing for what is to happen on death may be made by a final direction set out in a will. Draft, not yet reviewed by the firm
- §1648Wills must follow the prescribed forms Draft heading, not yet reviewed by the firmA will must be made in the forms specified in Chapter 2 of this Title. Draft, not yet reviewed by the firm
- §1649Who arranges the deceased's funeral Draft heading, not yet reviewed by the firmThe estate administrator appointed by the deceased has the power and duty to arrange the funeral, unless the deceased specially appointed someone else to do…
- §1650Funeral expenses and their priority Draft heading, not yet reviewed by the firmFuneral debts are recoverable with the priority in section 253 (2). If the funeral would be delayed, the person in charge may set aside a… Draft, not yet reviewed by the firm
- §1651General and specific will beneficiaries Draft heading, not yet reviewed by the firmSubject to Title 4, a person entitled under a will to the whole estate, a fraction, or the unseparated remainder is a general beneficiary, with… Draft, not yet reviewed by the firm
- §1652Ward's will in favour of the guardian Draft heading, not yet reviewed by the firmA person under guardianship cannot leave their estate by will to the guardian, or to the guardian's spouse, ascendants, descendants or siblings, until the guardian… Draft, not yet reviewed by the firm
- §1653The writer of a will and its witnesses cannot benefit under itA person who writes a will, or who witnesses it, cannot take a benefit under that will, and the same bar applies to that person's…
- §1654When capacity is assessed for the testator and the beneficiaryTwo different moments apply. The testator's capacity is judged only as at the time the will was made, so a testator who later loses capacity…
Chapter 2: Forms of Wills
- §1655A will must take one of the prescribed formsA will may be made only in one of the forms prescribed in this Chapter. There is no valid will outside those forms, so a…
- §1656Will, ordinary written form (2 witnesses)An ordinary written will must be made in writing, dated at the time it is made, and signed by the testator before at least two…
- §1657Holographic willA holographic will must be written entirely in the testator's own hand: the whole text, the date and the signature. No witnesses are required, and…
- §1658Will, public document at District OfficeA will may be made as a public document at the District Office. The testator declares the terms to the district officer before at least…
- §1659Official will made outside the district office Draft heading, not yet reviewed by the firmA will in the official document form (ekkasan fai mueang) may be made outside the district office when a request is made for that. Draft, not yet reviewed by the firm
- §1660Will, secret formA secret will must be signed by the testator, sealed, and signed across the seal, then produced to the district officer and at least two…
- §1661Secret will by a person who cannot speak Draft heading, not yet reviewed by the firmA person who is both deaf and mute, or who cannot speak, making a secret will writes personally on the envelope, before the district official… Draft, not yet reviewed by the firm
- §1662Confidentiality and return of official and secret wills Draft heading, not yet reviewed by the firmThe district official may not disclose a will made in official document or secret form while the testator is alive. The testator may demand it… Draft, not yet reviewed by the firm
- §1663Oral wills in special circumstancesWhere special circumstances make it impossible to use any other form, such as imminent danger of death, an epidemic or a war, a will may…
- §1664Lapse of a will made in special circumstances Draft heading, not yet reviewed by the firmThe validity of a will made under the preceding section ends once one month has passed from the time the testator is again able to… Draft, not yet reviewed by the firm
- §1665Fingerprint in place of a signature Draft heading, not yet reviewed by the firmWhere a testator must sign under section 1656, 1658 or 1660, a fingerprint counts as a signature only if two witnesses sign at that time… Draft, not yet reviewed by the firm
- §1666Witnesses exempt from section 9 paragraph two Draft heading, not yet reviewed by the firmSection 9 paragraph two of the Code does not apply to witnesses who must sign under section 1656, 1658 or 1660. Draft, not yet reviewed by the firm
- §1667Will made abroad by a Thai nationalA Thai national making a will abroad may use the form required by the law of that country or the form under Thai law. If… Draft, not yet reviewed by the firm
- §1668Testator need not disclose a will's contents to witnesses Draft heading, not yet reviewed by the firmA testator does not need to disclose the contents of the will to the witnesses, unless the law provides otherwise. Draft, not yet reviewed by the firm
- §1669Wills of military personnel in wartime Draft heading, not yet reviewed by the firmIn wartime, a person in or connected with military service may make a will in the forms of section 1658, 1660 or 1663, with a… Draft, not yet reviewed by the firm
- §1670Persons who cannot witness a will Draft heading, not yet reviewed by the firmThe following cannot witness a will: a person who is not yet of age, a person of unsound mind or declared quasi-incompetent by the court,… Draft, not yet reviewed by the firm
- §1671Writer of a will other than the testator Draft heading, not yet reviewed by the firmWhen someone other than the testator writes the will, that person must sign and state that they are the writer. If the writer is also… Draft, not yet reviewed by the firm
- §1672Ministerial regulations under this BookThe Ministers of Interior, Defence and Foreign Affairs have the power and duty, each so far as concerns them, to issue Ministerial Regulations to carry…
Chapter 3: Effects and Interpretation of Wills
- §1673When rights under a will take effect Draft heading, not yet reviewed by the firmRights and duties arising under a will become enforceable from the testator's death, unless the testator set a condition or time limit making them enforceable… Draft, not yet reviewed by the firm
- §1674Conditions in a will and their effect Draft heading, not yet reviewed by the firmA will provision with a condition precedent takes effect at death if the condition was met beforehand, or from fulfilment if met afterwards. With a… Draft, not yet reviewed by the firm
- §1675Manager of property under a conditional bequest Draft heading, not yet reviewed by the firmWhere a will has a condition precedent, the beneficiary may ask the court to appoint a manager of the bequeathed property until the condition is… Draft, not yet reviewed by the firm
- §1676Will establishing a foundation or purpose fund Draft heading, not yet reviewed by the firmA will may place a person under an obligation to establish a foundation, or may directly allocate property for any purpose referred to in section… Draft, not yet reviewed by the firm
- §1677Registering a foundation established by will Draft heading, not yet reviewed by the firmWhere a will establishes a foundation, the heirs or estate administrator must, unless the will provides otherwise, apply to the government for authority to constitute… Draft, not yet reviewed by the firm
- §1678Property of a foundation created by will Draft heading, not yet reviewed by the firmOnce a foundation established by will has become a juristic person, the property the testator allocated to it is treated as belonging to it from… Draft, not yet reviewed by the firm
- §1679When a foundation cannot be established Draft heading, not yet reviewed by the firmIf the foundation cannot be established for its purposes, the property passes as the will states. If the will is silent, the court, on application,… Draft, not yet reviewed by the firm
- §1680Creditors and a foundation created by will Draft heading, not yet reviewed by the firmThe testator's creditors may apply to revoke the provision establishing a foundation, but only to the extent that they are prejudiced by it. Draft, not yet reviewed by the firm
- §1681Replacement for lost or destroyed bequeathed property Draft heading, not yet reviewed by the firmIf bequeathed property is lost, destroyed or damaged and other property comes in its place, or a claim for compensation arises, the beneficiary may demand… Draft, not yet reviewed by the firm
- §1682Will releasing a debt or assigning a claim Draft heading, not yet reviewed by the firmA will releasing a debt or assigning a claim takes effect only for the amount still outstanding at death, unless the testator provided otherwise. Documents… Draft, not yet reviewed by the firm
- §1683Will in favour of a creditor Draft heading, not yet reviewed by the firmA will made in favour of one of the testator's creditors is presumed not to have been made to pay the debt owed to that… Draft, not yet reviewed by the firm
- §1684Interpreting an ambiguous will Draft heading, not yet reviewed by the firmWhere a provision of a will can be interpreted in more than one way, the interpretation that best achieves the testator's intention is to be… Draft, not yet reviewed by the firm
- §1685Several persons fitting the beneficiary's description Draft heading, not yet reviewed by the firmWhere a testator names a beneficiary by a qualification that identifies them with certainty, and several persons hold that qualification, then in case of doubt… Draft, not yet reviewed by the firm
Chapter 4: Wills Appointing a Guardian of Property
- §1686Trusts have no effect except under a trust statuteA trust, whether created directly or indirectly by a will or by any juristic act taking effect during life or on death, has no effect… Draft, not yet reviewed by the firm
- §1687Appointing a property guardian by will Draft heading, not yet reviewed by the firmA testator leaving property to a minor, an incompetent or quasi-incompetent person, or a person hospitalised for unsound mind, who wants someone other than the… Draft, not yet reviewed by the firm
- §1688Registration of a property guardian for immovables Draft heading, not yet reviewed by the firmThe appointment of a property guardian is incomplete as regards immovable property or real rights in it unless registered with the competent official. The same… Draft, not yet reviewed by the firm
- §1689Who can be a property guardian Draft heading, not yet reviewed by the firmApart from the persons named in section 1557 of the Code, a juristic person, or a natural person with full capacity, may accept appointment as… Draft, not yet reviewed by the firm
- §1690Who may appoint a property guardian Draft heading, not yet reviewed by the firmA property guardian may be appointed by the testator, or by a person whom the will names as the appointer. Draft, not yet reviewed by the firm
- §1691Property guardian appointing a successor Draft heading, not yet reviewed by the firmUnless the testator provided otherwise in the will, a property guardian may make a will appointing another person to act in their place. Draft, not yet reviewed by the firm
- §1692Rights and duties of a property guardian Draft heading, not yet reviewed by the firmUnless the will provides otherwise, a property guardian has, as regards the property entrusted to them, the same rights and duties as a guardian within… Draft, not yet reviewed by the firm
Chapter 5: Revocation and Lapse of Wills or Testamentary Dispositions
- §1693Revocation of willA testator may revoke the will, wholly or in part, at any time. The methods are in Sections 1694 to 1697: a later will made…
- §1694Revoking a will by a later will Draft heading, not yet reviewed by the firmAn earlier will can be revoked in whole or in part by a later will only if the later will is made in one of… Draft, not yet reviewed by the firm
- §1695Revoking a will by destroying or striking it out Draft heading, not yet reviewed by the firmIf a will exists in a single original, the testator may revoke it in whole or in part by intentionally destroying or striking it out.… Draft, not yet reviewed by the firm
- §1696Revocation by disposing of bequeathed property Draft heading, not yet reviewed by the firmIf the testator intentionally transfers outright the property covered by a provision of the will, that provision is revoked. The same applies where the testator… Draft, not yet reviewed by the firm
- §1697A later will revokes an earlier one only where they conflictUnless the testator has declared otherwise in the will, where an earlier and a later will conflict, the earlier is treated as revoked by the…
- §1698When a will provision lapses Draft heading, not yet reviewed by the firmA will provision lapses if the beneficiary dies before the testator; if it depends on a condition and the beneficiary dies before it is met… Draft, not yet reviewed by the firm
- §1699Property under an ineffective will provision Draft heading, not yet reviewed by the firmWhere a will or a clause in a will has no effect for any reason, the property covered by that clause falls to the statutory…
Chapter 6: Invalidity of Wills or Testamentary Dispositions
- §1700Restraint on transfer of property Draft heading, not yet reviewed by the firmSubject to this Chapter, a person may dispose of property, in life or on death, with a clause forbidding the beneficiary to transfer it, but… Draft, not yet reviewed by the firm
- §1701Duration of a restraint on transfer Draft heading, not yet reviewed by the firmA restraint on transfer may run for a fixed period or for the beneficiary's lifetime. If no period is set, it lasts for the life… Draft, not yet reviewed by the firm
- §1702Restraint on transfer of movables and immovables Draft heading, not yet reviewed by the firmA restraint on transfer of movable property whose ownership cannot be registered is treated as non-existent. A restraint on immovable property or real rights in… Draft, not yet reviewed by the firm
- §1703A will made before the age of fifteen is voidA will made by a person who has not completed his fifteenth year of age is void. Fifteen is therefore the age of testamentary capacity…
- §1704Wills made by incompetent or mentally unsound personsA will made by a person the court has adjudged incompetent is void outright. Where a person is alleged to have been of unsound mind…
- §1705A will contrary to the listed form provisions is voidA will, or any clause in it, is void if it contravenes Section 1652, 1653, 1656, 1657, 1658, 1660, 1661 or 1663. The list is…
- §1706Will provisions that are void Draft heading, not yet reviewed by the firmA will provision is void if it makes the gift conditional on the beneficiary leaving their own property by will to the testator or another;… Draft, not yet reviewed by the firm
- §1707Condition requiring the beneficiary to pass on the gift Draft heading, not yet reviewed by the firmIf a will makes a gift on condition that the beneficiary must dispose of the bequeathed property to another person, that condition is treated as… Draft, not yet reviewed by the firm
- §1708Revoking a will made under duress Draft heading, not yet reviewed by the firmAfter the testator dies, an interested person may ask the court to revoke a will made under duress. No such application can be made if… Draft, not yet reviewed by the firm
- §1709Revoking a will made by mistake or fraud Draft heading, not yet reviewed by the firmAfter the testator dies, an interested person may ask the court to revoke a will made through mistake or fraud only if it was so… Draft, not yet reviewed by the firm
- §1710Time limits for suing to revoke a will provision Draft heading, not yet reviewed by the firmAn action to revoke a will provision must be brought within three months of the testator's death if the plaintiff knew the ground during the… Draft, not yet reviewed by the firm
Title 4: Administration and Distribution of the Estate
Chapter 1: Administrator of the Estate
- §1711Estate administrator, appointmentEstate administrator, appointment.
- §1712Who may appoint an administrator by will Draft heading, not yet reviewed by the firmAn estate administrator under a will may be appointed by the testator personally, or by a person whom the will names as the appointer. Draft, not yet reviewed by the firm
- §1713Court order required to appoint estate administratorAn heir, an interested person or the public prosecutor may apply to the court to appoint an administrator where a statutory heir or legatee has…
- §1714Administrator appointed for a specific purpose Draft heading, not yet reviewed by the firmWhen the court appoints someone as administrator for a specific purpose, that person need not prepare an inventory of the estate, unless it is necessary… Draft, not yet reviewed by the firm
- §1715Appointing one or several estate administrators Draft heading, not yet reviewed by the firmA testator may appoint one or more administrators. Unless the will provides otherwise, where multiple are appointed and all but one are unable or unwilling…
- §1716Start of a court-appointed administrator's duties Draft heading, not yet reviewed by the firmThe duties of an administrator appointed by the court begin on the day the person heard, or is deemed to have heard, the court's order. Draft, not yet reviewed by the firm
- §1717Asking a named administrator whether they accept Draft heading, not yet reviewed by the firmBetween fifteen days and one year after the death, an heir or interested person may ask the person named in the will as administrator whether… Draft, not yet reviewed by the firm
- §1718Who cannot be an estate administratorThree classes of person cannot be an administrator of an estate: those who have not yet reached majority, those of unsound mind or whom the…
- §1719Powers and duties of the estate administratorThe estate administrator (court-appointed or named in the will) has both the power and the duty to carry out the will's instructions, manage the estate's…
- §1720Liability of an estate administratorAn estate administrator is liable to the heirs as provided in sections 809 to 812, 819 and 823, which apply with the necessary adjustments. As… Draft, not yet reviewed by the firm
- §1721Administrator's remuneration Draft heading, not yet reviewed by the firmAn estate administrator has no right to remuneration from the estate unless the will, or a majority of the heirs, provides for it. Draft, not yet reviewed by the firm
- §1722Administrator's interest adverse to the estate Draft heading, not yet reviewed by the firmAn estate administrator may not enter into any juristic act in which they have an interest adverse to the estate, unless the will permits it… Draft, not yet reviewed by the firm
- §1723Administrator to act personally Draft heading, not yet reviewed by the firmAn estate administrator must act personally, and may act through an agent only where the will expressly or impliedly authorises it, the court orders it,… Draft, not yet reviewed by the firm
- §1724Heirs bound by the administrator's acts Draft heading, not yet reviewed by the firmHeirs are bound towards third parties by acts the administrator performs within their authority. If the administrator contracts in return for property or another benefit… Draft, not yet reviewed by the firm
- §1725Administrator's duty to notify interested persons Draft heading, not yet reviewed by the firmThe estate administrator must take proper steps to locate interested persons and notify them within a reasonable time of the testamentary dispositions that concern them.
- §1726Decisions among several administrators Draft heading, not yet reviewed by the firmWhere there are several estate administrators, their duties are carried out by majority vote, unless the will provides otherwise. If votes are equal, the court… Draft, not yet reviewed by the firm
- §1727Removal of estate administratorAny interested person may apply to the court, before distribution of the estate is completed, to remove an administrator for neglect of duty or any…
- §1728When the administrator must begin the inventoryAn estate administrator must begin the inventory within fifteen days of the death, if they then knew of their appointment by will; of the date… Draft, not yet reviewed by the firm
- §1729Time limit and witnesses for the inventory of an estateThe administrator must finish the inventory of the estate within one month from the time prescribed in Section 1728, though the court may extend that…
- §1730Guardianship rules applied to estate administrators Draft heading, not yet reviewed by the firmSections 1563, 1564 paragraphs one and two, and 1565 apply with the necessary adjustments between the heirs and an administrator under a will, and between… Draft, not yet reviewed by the firm
- §1731Removal of administrator for defective accounts Draft heading, not yet reviewed by the firmIf an administrator does not prepare the inventory within the time and in the form required, or the court is dissatisfied with it because of… Draft, not yet reviewed by the firm
- §1732Time to complete administration and accounts Draft heading, not yet reviewed by the firmAn estate administrator must perform their duties, report with accounts, and distribute the estate within one year from the date referred to in section 1728,… Draft, not yet reviewed by the firm
- §1733Approval of accounts and time limit for heirs' actions Draft heading, not yet reviewed by the firmAn approval of the administrator's accounts, or any release from liability, only binds the heirs if they were given the accounts and supporting documents at…
Chapter 2: Collection and Realisation of the Estate, Payment of Debts and Distribution of the Estate
- §1734Estate debts, limit of heirs' liabilityHeirs are not personally liable for the deceased's debts beyond the value of the estate property they received.
- §1735Heirs' duty to disclose estate assets and debts Draft heading, not yet reviewed by the firmHeirs must tell the estate administrator all the assets and debts of the deceased that they know of. Draft, not yet reviewed by the firm
- §1736Estate stays under administration until creditors are paid Draft heading, not yet reviewed by the firmWhile any estate creditor or identified will beneficiary remains unpaid, the estate is treated as still under administration. The administrator may take necessary steps such… Draft, not yet reviewed by the firm
- §1737Estate creditors' claims against heirs Draft heading, not yet reviewed by the firmAn estate creditor may enforce a claim against any heir, but where there is an estate administrator, the creditor must join the administrator in the… Draft, not yet reviewed by the firm
- §1738Paying estate creditors before and after division Draft heading, not yet reviewed by the firmBefore division, creditors may enforce full payment from the estate. After division, a creditor may require an heir to pay only up to the estate… Draft, not yet reviewed by the firm
- §1739Order of payment of estate debts Draft heading, not yet reviewed by the firmEstate debts are paid in this order, without prejudice to special-priority creditors or creditors secured by pledge or mortgage: common estate expenses, funeral costs, unpaid… Draft, not yet reviewed by the firm
- §1740Order of property applied to estate debts Draft heading, not yet reviewed by the firmUnless the deceased or the law provides otherwise, debts are met from property in a fixed order: property other than immovables; immovables the will designates… Draft, not yet reviewed by the firm
- §1741Creditors' objection to auction or valuation Draft heading, not yet reviewed by the firmAny estate creditor may, at their own expense, object to the auction sale or valuation referred to in the preceding section. If a sale or… Draft, not yet reviewed by the firm
- §1742Creditor named as life insurance beneficiary Draft heading, not yet reviewed by the firmA creditor named during the deceased's life as life insurance beneficiary in payment of a debt may receive the whole sum. They must return premiums… Draft, not yet reviewed by the firm
- §1743Limit of heirs' liability for specific bequests Draft heading, not yet reviewed by the firmA statutory heir or general will beneficiary need not carry out a specific bequest in the will beyond the value of the estate property they… Draft, not yet reviewed by the firm
- §1744Delivery of the estate to heirs Draft heading, not yet reviewed by the firmAn estate administrator need not deliver the estate, or any part of it, to the heirs before one year from the death, unless all estate… Draft, not yet reviewed by the firm
Chapter 3: Partition of the Estate
- §1745Co-heirs' joint rights before division Draft heading, not yet reviewed by the firmWhere there are several heirs, they hold the rights and duties concerning the estate jointly until division is complete, and sections 1356 to 1366 apply… Draft, not yet reviewed by the firm
- §1746Presumption of equal shares among heirs Draft heading, not yet reviewed by the firmSubject to the law and to any provision in the will, co-heirs are presumed to hold equal shares in the undivided estate. Draft, not yet reviewed by the firm
- §1747Lifetime gifts do not reduce an heir's share Draft heading, not yet reviewed by the firmAn heir who received property or another benefit from the deceased during their life, by gift or otherwise given gratuitously, does not thereby lose any… Draft, not yet reviewed by the firm
- §1748Right to demand division of the estate Draft heading, not yet reviewed by the firmAn heir in possession of undivided estate property may demand its division even after the period in section 1754 has expired. The right to demand… Draft, not yet reviewed by the firm
- §1749Claimed heir intervening in an estate action Draft heading, not yet reviewed by the firmA person claiming to be an heir with rights in estate property may intervene in an action claiming that property. The court may not, however,… Draft, not yet reviewed by the firm
- §1750How an estate is divided among the heirsAn estate may be divided by heirs each taking possession of separate property, or by selling it and sharing the proceeds. A division made otherwise,… Draft, not yet reviewed by the firm
- §1751Liability among heirs for eviction after division Draft heading, not yet reviewed by the firmAfter division, if an heir loses all or part of their share through eviction, the other heirs must compensate them in proportion to their shares.… Draft, not yet reviewed by the firm
- §1752Time limit for eviction claims between heirs Draft heading, not yet reviewed by the firmNo action to hold another heir liable for eviction under section 1751 may be brought after three months from the eviction. Draft, not yet reviewed by the firm
Title 5: Estates without Successors
Title 6: Prescription
- §1754Prescription on inheritance claimsAn inheritance claim is barred one year after the death, or after the statutory heir knew or ought to have known of the death. A…
- §1755Who may raise the one-year prescription Draft heading, not yet reviewed by the firmThe one-year prescription on inheritance claims may be raised only by an heir, by a person entitled to exercise an heir's rights, or by an…
Headings marked "draft" and short descriptions marked "draft" were prepared from the statutory text and have not yet been reviewed by the firm.