Section 1635 — Surviving spouse's share
Statutory text (Thai original)
ลำดับและส่วนแบ่งของคู่สมรสที่ยังมีชีวิตอยู่ในการรับมรดกของผู้ตายนั้น ให้เป็นไปดังต่อไปนี้(๑) ถ้ามีทายาทตาม
Verbatim from the Royal Gazette / Office of the Council of State
English translation
The surviving spouse is entitled to the inheritance of the deceased in the class and according to the division as hereunder provided: (1) if there is an heir according to Section 1629 (1) surviving or having representatives as the case may be, such surviving spouse is entitled to the same share as an heir in the degree of children; (2) if there is an heir according to Section 1629 (3) and such heir is surviving or has representatives, or if in default of an heir according to Section 1629 (1), there is an heir according to Section 1629 (2) as the case may be, such surviving spouse is entitled to one half of the inheritance; (3) if there is an heir according to Section 1629 (4) or (6) and such heir is surviving or has representatives, or if there is an heir according to Section 1629 (5) as the case may be, such surviving spouse is entitled to two-thirds of the inheritance; feedback (/form/1-samuiforsale-contact-form.html?tmpl=component) / (4) if there is no heir as specified in Section 1629, such surviving spouse is entitled to the whole inheritance.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 1635 spells out the spouse's fractional share: against class 1 (descendants), spouse takes 1 share equal to one child; against class 2 (parents), spouse takes 1/2; against class 3-4 (siblings), spouse takes 1/2; against class 5-6 (grandparents/uncles), spouse takes 2/3; if no statutory heir survives, spouse takes 100%. Critical insight: this is the spouse's share AFTER the marital-property split. The surviving spouse first receives 1/2 of Sin Somros (§1474) as their own property; the deceased's 1/2 of Sin Somros plus their Sin Suan Tua is what passes under §1635.