Understanding the Key Steps in Estate Administration under Thai Law.

Upon the death of an individual, all assets belonging to the deceased such as real property, financial accounts, and personal effects collectively constitute the estate. Under Thai law, this estate must be administered in an orderly and lawful manner to ensure that it is preserved, debts are settled, and the remaining assets are distributed to the rightful heirs or beneficiaries, either according to statutory succession or as provided in a valid last will and testament.

A critical initial step in the estate administration process is the filing of a formal petition with the Thai court to request the appointment of an estate administrator. Once appointed by court order, the administrator is legally empowered to oversee and execute all matters pertaining to the estate. These duties may include identifying and protecting estate assets, paying outstanding liabilities, and ensuring the proper and lawful distribution of assets to those entitled.

Notwithstanding the existence of a valid Last Will and Testament, the issuance of a probate order by the court remains a legal prerequisite for the lawful administration and distribution of the deceased’s estate to the lawfully heirs or beneficiaries.

For foreign nationals or non-resident heirs involved in estate matters in Thailand, navigating the legal framework can be particularly challenging. Our firm provides experienced, trustworthy legal representation to guide you through each stage of the process with clarity, integrity, and strict adherence to Thai legal standards.

The following parties may file a petition with the Thai court to request the appointment of an estate administrator:

1. Statutory heirs under Sections 1629 -1636 of the Thai Civil and Commercial Code

Understanding Legal Heirship and the Right to Petition for Estate Administration under Thai Law

Who Has Legal Standing to Act in the Estate of a Deceased Person in Thailand?

Under Thai inheritance law, not all family members are automatically entitled to file a petition for the appointment of an estate administrator. Legal standing to initiate estate administration proceedings depends on one’s status as a statutory heir—a concept governed by the Thai Civil and Commercial Code (Sections 1629–1636).

Hierarchical Classification of Heirs

Thai law establishes a ranked order of statutory heirs, where heirs in a higher class take precedence and typically exclude those in lower ranks. The primary heir classes are as follows:

Section 1629. Classes of Statutory Heirs

There are only six classes of statutory heir and subject to the provisions of Section 1630 paragraph 2, each class is entitled to inherit in the following order:

1. descendants;
2. parents;
3. brothers and sisters of full blood;
4. brothers and sisters of half blood;
5. grandparents;
6. uncles and aunts.

The surviving spouse is also a statutory heir, subject to the special provisions of Section 1635.

This legal structure means that, for example, if the deceased is survived by legitimate children and/or a legally married spouse, other relatives such as siblings, grandparents, or uncles and aunts are generally not entitled to inherit or to petition the court for appointment as an estate administrator, unless there are no heirs of a higher class.

Not Sure If You’re an Heir? We Can Help.

If you’re uncertain about your legal standing or inheritance rights, you’re not alone. Thai inheritance law can be complex—especially when multiple family members are involved or when foreign nationals are among the heirs.

At KTP Legal Advisory, our experienced probate attorneys can:

• Assess your status as a lawful heir
• Explain your rights under Thai succession law
• Determine whether you are eligible to file a petition
• Represent you in court proceedings for appointment
• Handle all filings and estate administration on your behalf

Your legal rights matter. Let us help ensure your voice is heard and your family’s legacy is protected with clarity, care, and compliance with Thai law.

2. Persons Named in a Valid Will to Receive Inheritance (Beneficiaries)

The Right of Testamentary Beneficiaries to Petition for Estate Administration

Under Thai inheritance law, individuals who are expressly named in a valid will as recipients of property commonly referred to as beneficiaries may also possess the legal standing to petition the court for the appointment of an estate administrator.

Beneficiaries may be:

• A family member or relative of the deceased
• A friend, associate, or other individual named in the will
• A legal entity such as a foundation, temple, or charity
• A foreign individual or organization

Court Consideration of Petitions by Beneficiaries

The Thai court will consider a beneficiary’s petition by examining:

• The authenticity and validity of the will
• The petitioner’s identity and connection to the deceased
• Whether any other person (e.g. heir, executor, or creditor) has already filed a competing petition
• The overall interest and integrity of the estate’s administration

If no objection is raised and the petition complies with all legal requirements, the court may appoint the beneficiary or another appropriate person as the estate administrator.

KTP Legal Advisory: Ensuring Your Testamentary Rights Are Protected

If you are named in a Thai will especially as a foreign individual or organization it’s crucial to act promptly and legally. At KTP Legal Advisory, we assist clients by:

• Reviewing the validity of wills under Thai law
• Confirming your rights as a beneficiary
• Preparing and submitting the court petition for administrator appointment
• Representing you in probate hearings
• Managing the estate through to final distribution

We help you honor the intentions of the deceased while securing your legal rights clearly, efficiently, and in full compliance with Thai inheritance law.

A Step-by-Step Guide to Ensure Your Probate Filing Is Complete and Compliant:

To initiate probate proceedings and formally petition the Thai court for the appointment of an estate administrator, certain supporting documents must be prepared and submitted. These documents serve as legal proof of identity, heirship, death, and estate ownership, and must comply with court standards under Thai law.

Below is a checklist of the typical documentation required:

1. Personal and Legal Identification Documents

• Passport or Thai National ID Card of the Deceased
• Death Certificate of the Deceased (issued in Thailand or overseas)
• Marriage Certificate (if the deceased was legally married)
• Birth Certificates of the Deceased’s Children (to establish heirship)
• Passports or Thai ID Cards of All Lawful Heirs
  • If any lawful heir is deceased, their death certificate should also be provided
• Passports or Thai ID Cards of Beneficiaries Named in the Will (if applicable)
• Passport or Thai ID Card of the Individual Proposed as Estate Administrator

2. Testamentary and Asset Documentation

• Original Last Will and Testament (if one exists)
  • Our team can assist with reviewing its validity under Thai law
• Inventory of Known Estate Assets, such as:
  • Land or condominium title deeds (Chanote)
  • Bank account details
  • Company shares or business interests
  • Vehicles or personal valuables
  • Any supporting proof of ownership (e.g., bank books, title deeds, share certificates)

3. Consent and Supporting Forms

• Letters of Consent from All Lawful Heirs
  • Required when multiple heirs exist and one is proposed as administrator
  • KTP Legal Advisory can prepare these documents on your behalf
• Family Tree / Relative Chart
  • Used to clarify the relationship of each heir and beneficiary
  • We are happy to draft this for court submission
• Power of Attorney (POA)
  • Required if the petition is filed by a legal representative
  • Our firm routinely prepares these for clients, including notarization when needed

4. Translation and Legalization of Foreign Documents

All documents not originally issued in the Thai language must be:

• Translated into Thai by a certified translator, and
• Certified for use in Thailand, which may include:
  • Authentication by the Thai Embassy or Consulate in the country of issuance
  • In some cases, notarization by a Notary Public may also be required

Assistance from Our Legal Team

Document requirements may vary depending on the structure of the estate and whether a will exists. At KTP Legal Advisory, our probate attorneys will:

• Review your documents for accuracy and completeness
• Assist with Thai translations and certifications
• Draft required forms, consent letters, and Power of Attorney
• Handle all court filings and communications with Thai authorities on your behalf

Our goal is to make the probate process as smooth and stress-free as possible starting with a complete and compliant document package.

The Process of Filing a Probate Application in the Thai Court

Step-by-Step Guide to Estate Administrator Appointment Under Thai Law

Filing a probate application in Thailand is a formal legal procedure that requires court approval before anyone can be legally authorized to manage a deceased person’s estate. Whether the deceased left a will or not, the process is governed by the Civil Procedure Code and the Civil and Commercial Code of Thailand (Sections 1711–1754).

Below is a clear overview of the process to help you or your family understand what to expect and how our law firm can assist at each stage.

Step 1: Initial Consultation & Case Assessment

Our legal team begins by:

• Assessing the nature of the estate (with or without a will)
• Identifying the lawful heirs or beneficiaries
• Determining your legal standing to act as petitioner
• Confirming which Thai court has jurisdiction over the matter (typically where the deceased last had domicile)

We will also review all relevant documents and recommend any additional evidence that may be needed

Step 2: Preparation of Legal Documents

We will prepare and organize:

• The formal probate petition (คำร้องขอเป็นผู้จัดการมรดก)
• An inventory of assets, list of heirs, and applicable evidence
• Supporting documents such as identification, death certificates, and will (if applicable)
• Letters of consent from other heirs (if needed)
• Power of attorney, if we are representing you in court

If documents are in a foreign language, we will arrange certified Thai translations and legalization as required by the court.

Step 3: Filing the Petition with the Court

We will complete the Petition and then submit the petition to the appropriate Thai Provincial or Civil Court.

Upon acceptance, the court will schedule a hearing date (typically within 30 – 60 days), and may issue formal summons to All known heirs or beneficiaries. If written consent from all lawful heirs has been submitted to the court, it is not necessary to formally serve pleadings or summon court documents on those heirs.

 Step 4: Notification and Publication

In accordance with Thai legal procedures, the court will:

• Publish notice of the petition in a public newspaper (At present, Thai courts commonly publish official announcements through electronic media – Court of Justice website)
• Require service of summons on all relevant parties (if the petitioner cannot provide consent letters from all heirs)
• Allow time for any objections or claims to be filed by other interested individuals

This step ensures transparency and the opportunity for opposing parties (if any) to contest the petition.

Step 5: Probate Hearing Before the Court

On the assigned court date:

• The petitioner or legal representative appears before the judge
• The court reviews all documents and verifies the legitimacy of the claim
• If the case is straightforward and unopposed, the court typically approves the petition without extensive litigation

If objections are raised, the matter may proceed to evidentiary hearings or mediation.

Rest assured, we will accompany you to all scheduled court hearings and proceedings. Our team will also assist you in preparing and practicing your statements in advance to ensure you are confident and well-prepared during your time before the court.

Step 6: Issuance of Court Order Appointing Estate Administrator

If the court is satisfied with the evidence, it will issue an order appointing the estate administrator. This legal appointment gives the administrator full authority to:

• Collect and manage all the estate assets
• Distribute the estate according to the will or laws

There is no need to worry. Approximately 30 to 45 days after the court hearing, our firm will coordinate with court officers to obtain certified copies of the court order and final decree on your behalf. Once issued, we will deliver the original court documents directly to you. The appointed estate administrator can then use these official documents, along with proper identification, to proceed with matters at banks, land offices, and other relevant authorities.

Furthermore, should you require the documents to be translated into English and notarized, we are pleased to arrange this service for you. Upon completion, we can securely courier the documents to your country, simply let us know your request.

Let KTP Legal Advisory Handle the Complexity for You

Thai probate law can be intricate, especially when foreign heirs or international documents are involved. At KTP Legal Advisory, we provide:

• Full-service probate petition filing
• Court representation for Thai and foreign clients
• Translation, certification, and notarization support
• Transparent timelines and fixed-fee options

We ensure your probate process is smooth, legally compliant, and handled with the professionalism your family deserves.

The duration of the probate process in Thailand may vary depending on the complexity of the estate, the completeness of the supporting documents, and the cooperation of the heirs. However, under normal circumstances, the general timeline is as follows:

• Document Preparation and Filing:
  Collecting and translating necessary documents, obtaining required consents, and preparing the court petition typically takes 2–4 weeks, depending on the availability of information and documentation.
• Court Appointment and Hearing Date:
  Once the petition is filed, the court will usually schedule a hearing within 30–60 days.
• Court Hearing and Issuance of Probate Order:
  If there are no objections or complications, the court will typically issue the order appointing the estate administrator on the same day the hearing is completed. However, the official certified copies of the court order and final decree will be issued at a later date. Legal authority to act as the estate administrator is conferred only upon receipt of these certified documents.
• Obtaining Certified Court Documents:
  It typically takes 30–45 days after the hearing to obtain the certified court order and final decree, depending on the court’s workload and administrative procedures.

Estimated Total Duration:
In a straightforward case with full cooperation and complete documentation, the probate process can generally be completed within 3–5 months.

Probate in Thailand requires precise legal knowledge, strict compliance with court procedures, and the presence of a licensed attorney. At KTP Legal Advisory, our team of qualified Thai lawyers provides seamless support from start to finish whether or not a will exists.

We handle everything: preparing court petitions, coordinating with court officer, representing you at hearings, and assisting with cross-border documentation. Even if you’re abroad, we can act on your behalf through a Power of Attorney and ensuring the process continues smoothly.

This is not a process you should face alone. Thai law requires a licensed legal professional like our experienced team to represent and guide you through it.
Let us take care of the legal burden while you focus on what truly matters.

Need Assistance with a Probate Application in Thailand?

At KTP Legal Advisory, we are here to provide end-to-end legal support to help you lawfully obtain the inheritance of your beloved. Whether you are in Thailand or overseas, our team ensures that every step from petition to final decree is handled with care, precision, and full legal compliance.

If you would like to discuss your case in more detail, we are pleased to arrange a confidential consultation or connect with you via WhatsApp whichever is most convenient for you.

We’re here to make the process clear, smooth, and fully supported every step of the way.