Book 6 — Succession
Inheritance, wills, statutory heirs, executors, probate.
Sections 1599–1755
Annotated sections in this Book
- §1599 Inheritance — opening on death Succession opens at the moment of death. The estate of the deceased passes immediately to the heirs by operation of law, subject to administration of…
- §1600 The estate comprises all property of every kind belonging to the deceased, together with all rights, duties and liabilities, excluding only those that are purely…
- §1601 An 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…
- §1602
- §1603
- §1604 Only a natural person who has legal personality at the time of the deceased's death may be an heir. An unborn child conceived before the…
- §1605
- §1606
- §1607
- §1608
- §1609
- §1610
- §1612
- §1613
- §1614
- §1615
- §1616
- §1617
- §1618
- §1619
- §1620 Statutory heirs — six classes order Where there is no will, the estate descends to statutory heirs in six classes. Higher classes exclude lower; within each class, heirs share equally.
- §1621
- §1622
- §1623 Property acquired by a Buddhist monk during his time in the monkhood passes, on his death, to the monastery that is his domicile, unless he…
- §1624
- §1625 Where the deceased was married, the marital property must first be liquidated — the surviving spouse takes their half of joint marital property (sinsomros) —…
- §1626
- §1627 Adopted child as statutory heir An adopted child has the same statutory inheritance rights as a biological child of the adoptive parents.
- §1628
- §1629 Six classes of statutory heirs detailed (1) Descendants; (2) parents; (3) full-blood siblings; (4) half-blood siblings; (5) grandparents; (6) uncles and aunts.
- §1630
- §1631
- §1632
- §1633 Statutory heirs of the same class share equally among themselves. If only one heir in a class exists, that heir takes the entire portion available…
- §1634
- §1635 Surviving spouse's share The surviving spouse inherits alongside whatever class of statutory heir takes — taking different fractions depending on which class.
- §1636
- §1637
- §1638
- §1639
- §1640
- §1641
- §1642
- §1643
- §1644
- §1645
- §1646 Right to make a will Any person of full age (20) and of sound mind may make a will disposing of their property to take effect on death.
- §1647
- §1648
- §1649 The estate administrator appointed by the will has the duty to arrange the funeral. In the absence of such an administrator, the heir who receives…
- §1650
- §1651
- §1652
- §1653
- §1654 The testator's capacity is assessed at the time the will is made; the legatee's capacity to receive is assessed at the time the testator dies.
- §1655
- §1656 Will — ordinary written form (2 witnesses) An ordinary written will must be made in writing, dated, signed by the testator before at least two witnesses who must then sign in the…
- §1657 Holographic will A holographic will must be entirely handwritten by the testator and signed. No witnesses required.
- §1658 Will — public document at District Office A public-document will is made before the District Officer who records the testator's wishes and registers the will in the official records.
- §1659
- §1660 Will — secret form A secret will is written, sealed, signed across the seal, and delivered to the District Officer who records the delivery while keeping the contents secret.
- §1661
- §1662
- §1663
- §1664
- §1665
- §1666
- §1667 Witnesses and beneficiaries — incompatibility A beneficiary under the will (or the beneficiary's spouse) cannot serve as a witness. The bequest to such a person is void, but the rest…
- §1668
- §1669
- §1670
- §1671
- §1672 Will — oral / sealed under exceptional circumstances Will — oral / sealed under exceptional circumstances.
- §1673
- §1674
- §1675
- §1676
- §1677
- §1678
- §1679
- §1680
- §1681
- §1682
- §1683
- §1684
- §1685
- §1686
- §1687
- §1688
- §1689
- §1690
- §1691
- §1692
- §1693 Revocation of will A testator may revoke their will at any time during their lifetime — by a new will, by destruction of the document with revocatory intent,…
- §1694
- §1695
- §1696
- §1697
- §1698
- §1699 Where a will or a clause in a will has no effect for any reason, the property covered by that clause falls to the statutory…
- §1700
- §1701
- §1702
- §1703
- §1704
- §1705
- §1706
- §1707
- §1708
- §1709
- §1710
- §1711 Estate administrator — appointment Estate administrator — appointment.
- §1712
- §1713 Court order required to appoint estate administrator Where there is no executor named in the will, or the will is silent, the heirs or interested parties must petition the court to appoint…
- §1714
- §1715 A testator may appoint one or more administrators. Where multiple are appointed and all but one are unable or unwilling to act, the remaining one…
- §1716
- §1717
- §1718
- §1719 Powers and duties of the estate administrator The 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…
- §1720
- §1721
- §1722
- §1723
- §1724
- §1725 The estate administrator must take proper steps to locate interested persons and notify them within a reasonable time of the testamentary dispositions that concern them.
- §1726
- §1727 Removal of estate administrator The court may remove an administrator for misconduct, mismanagement, or refusal to act — on petition by any heir or interested party.
- §1728
- §1729 The estate administrator must complete an inventory of the estate within one month of appointment (extendable by court order). The inventory must be made in…
- §1730
- §1731
- §1732
- §1733 No approval or release from liability concerning the administration account is valid unless given at least five years after accounts are delivered. Separately, actions concerning…
- §1734 Estate debts — limit of heirs' liability Heirs are not personally liable for the deceased's debts beyond the value of the estate property they received.
- §1735
- §1736
- §1737
- §1738
- §1739
- §1740
- §1741
- §1742
- §1743
- §1744
- §1745
- §1746
- §1747
- §1748
- §1749
- §1750
- §1751
- §1752
- §1753
- §1754 Prescription on inheritance claims Inheritance claims are barred by prescription one year from when the heir knew of the right, and ten years from the death.
- §1755 This provision records the commencement date of Book 6 (Succession) of the Civil and Commercial Code, which came into force on 1 October B.E. 2478…