Duties and Liabilities of an Estate Administrator in Thailand
The role of an estate administrator in Thailand is not merely administrative. It is a legally defined position governed by the Thai Civil and Commercial Code and subject to court supervision. Once appointed, the estate administrator assumes formal legal authority and corresponding responsibility to manage the deceased’s estate in accordance with Thai law.
For international families and foreign heirs, understanding the precise scope of authority, limitations, and potential liabilities of an estate administrator is essential to avoiding disputes and legal risk.
This article explains when duties begin, what powers are granted, and under what circumstances an administrator may face removal or liability.
When Do the Duties of an Estate Administrator Begin?
Under Section 1716 of the Thai Civil and Commercial Code, the duties of an estate administrator appointed by the court begin from the date on which the administrator hears or is deemed to have heard the court’s order of appointment.
This is a critical procedural point.
The administrator’s authority does not arise:
- Upon filing a probate petition
- Upon being named in a will
- Upon agreement among heirs
Legal authority begins only after acknowledgment of the court’s appointment order.
Any action taken before that point may lack legal effect and could expose the individual to challenge.
Scope of Authority Under the Law
Section 1719 of the Civil and Commercial Code provides that an estate administrator has the right and duty to perform acts that are necessary:
- To carry out the clear or implied provisions of the will
- To administer the estate generally
- To divide and distribute estate property
This provision grants broad authority but not unlimited authority.
The administrator may perform all acts reasonably necessary to:
- Preserve estate assets
- Manage property during probate
- Execute lawful transfers
- Complete the distribution process
However, authority must always remain within the boundaries of necessity and legality.
Fiduciary Duty and Conflict of Interest
One of the most important liability provisions is found in Section 1722.
An estate administrator may not enter into any juristic act in which they have an interest that is adverse to the estate, unless:
- The will expressly permits it, or
- The court grants approval
This means an administrator cannot:
- Purchase estate property for personal benefit
- Transfer assets to themselves on preferential terms
- Engage in transactions where their personal interest conflicts with the estate
This rule protects heirs and ensures the administrator acts strictly in the estate’s interest.
Violation of this provision may result in:
- Legal challenge
- Removal from office
- Personal liability
For international estates involving real estate or business assets, conflict-of-interest issues are particularly sensitive.
Multiple Estate Administrators
In some cases, more than one estate administrator is appointed.
When multiple administrators are appointed:
- Decisions must be made by majority vote
- Unless the will provides otherwise
If there is an equal vote and disagreement, any interested person may apply to the court, and the court will make the final determination.
This provision ensures that estate administration does not become paralyzed by disagreement.
However, it also means that co-administrators must cooperate professionally and responsibly.
Removal of an Estate Administrator
Estate administrators are subject to court supervision.
Any interested person may petition the court to remove an estate administrator if:
- The administrator neglects their duties, or
- There is another appropriate reason for removal
The petition must be filed before the estate distribution is completed.
Grounds for removal may include:
- Failure to perform necessary acts
- Mismanagement
- Conflict of interest
- Breach of fiduciary duty
This mechanism protects heirs and creditors from improper administration.
Resignation of an Estate Administrator
Even after accepting appointment, an estate administrator may resign for a reasonable cause.
However, resignation requires court approval.
This ensures that the estate is not left without lawful representation during the probate process.
The administrator remains legally responsible until the court formally accepts the resignation and appoints a replacement, if necessary.
Practical Liability Risks
An estate administrator may face legal exposure in situations such as:
- Acting before court appointment becomes effective
- Exceeding authority granted by law or court order
- Entering into conflicted transactions
- Failing to follow majority rules in joint administration
- Neglecting duties resulting in financial loss
Because probate proceedings are court-supervised, improper conduct may result in judicial scrutiny.
For foreign heirs unfamiliar with Thai legal procedures, these risks are often underestimated.
Why Legal Guidance Is Essential
Estate administration in Thailand is a legally structured process with defined commencement of duties, statutory authority limits, conflict-of-interest rules, majority decision requirements, and court oversight.
International families may face additional complexity due to:
- Language barriers
- Cross-border coordination
- Asset transfers at the Land Office
- Court attendance requirements
Professional legal assistance can ensure that:
- Authority begins at the correct procedural stage
- All actions fall within Section 1719’s permitted scope
- Conflict-of-interest risks are avoided
- Court compliance is maintained
- Liability exposure is minimized
To understand how estate administration fits within the broader probate process, please visit our dedicated page on:
👉 https://ktp-legal.com/probate-and-estate-administration/
Final Remarks
The duties and liabilities of an estate administrator in Thailand are clearly defined by law and subject to court supervision. Authority begins only after acknowledgment of the court’s order, extends only as far as necessary to administer the estate, and must always be exercised in good faith and without conflict of interest.
Whether appointed by will or by court order, the estate administrator occupies a position of legal responsibility that requires careful compliance with Thai probate law.
Understanding these statutory safeguards protects not only the estate but also the administrator personally.
Estate administration in Thailand involves legal precision, court supervision, and strict statutory compliance. For international families and foreign heirs, navigating these requirements without experienced guidance can lead to unnecessary delays or complications.
At KTP Legal Advisory, we assist clients throughout the entire probate process from court applications and appointment of estate administrators to lawful asset distribution ensuring clarity, compliance, and protection at every stage.
