Thailand Inheritance Lawyer

Inheritance law in Thailand is governed by the Civil and Commercial Code, which sets out the rules for how a deceased person's estate is distributed. For foreign nationals with assets in Thailand — or with Thai family members — understanding Thai inheritance law is essential to ensuring that your wishes are respected and your loved ones are provided for.

Thai Inheritance Law Basics

In Thailand, a person's estate is distributed according to their will, or if there is no will, according to the statutory heir classes defined in the Civil and Commercial Code. Key points include:

• A valid will allows you to control how your Thai assets are distributed
• Without a will, Thai law determines your heirs and their shares through statutory heir classes
• Foreign nationals can make a will under Thai law for their Thai assets
• A foreign will may need to be probated in Thailand to affect Thai assets
• Thai inheritance law applies to assets located in Thailand, regardless of the deceased's nationality

Statutory Heirs Under Thai Law

If you die without a will, your estate is distributed to statutory heirs in the following order:

1. 01First ClassDescendants (children, grandchildren), parents, and spouse — each category receives a designated share.
2. 02Second ClassBrothers and sisters (full and half), with parents of the deceased.
3. 03Third ClassGrandparents (paternal and maternal).
4. 04Fourth ClassUncles and aunts.
5. 05StateIf no heirs can be found, the estate passes to the Thai government.

Each class excludes the next. Within the first class, the distribution is further defined by law, with the spouse receiving a specific share alongside descendants and parents.

Making a Will in Thailand

A will allows you to control how your assets are distributed after your death. Thai law recognises several types of wills:

• Holograph will — entirely handwritten and signed by the testator
• Formal will — made in writing, dated, and witnessed by at least two witnesses
• Public will — made before a public official (e.g., a district official, with formal recording)
• Secret will — sealed and presented to the court or official, with specific formalities
• Special wills — for specific circumstances such as military personnel or those at sea

Estate Administration

When a person dies with assets in Thailand, the estate must be administered through the Thai courts. This process involves:

1. 01Petition for Estate AdministrationAn executor or heir files a petition with the court to be appointed as estate administrator.
2. 02Asset IdentificationAll assets of the deceased in Thailand are identified and valued.
3. 03Debt SettlementOutstanding debts and taxes are paid from the estate.
4. 04DistributionRemaining assets are distributed to the heirs according to the will or statutory rules.

Cross-Border Estate Planning

Foreign nationals with assets in both Thailand and their home country should consider:

• Whether a Thai will, a foreign will, or both are needed
• How Thai and foreign inheritance laws interact
• Tax implications of cross-border inheritance
• Whether a foreign will needs to be probated in Thailand
• How to ensure foreign heirs can inherit Thai assets

How We Help

At Nathee Legal Firm, we provide comprehensive inheritance and estate law services:

1. 01Will DraftingWe draft wills under Thai law that clearly express your wishes for your Thai assets.
2. 02Estate AdministrationWe represent executors and heirs in the court-supervised estate administration process.
3. 03Inheritance DisputesWe represent clients in will contests and inheritance disputes.
4. 04Cross-Border PlanningWe coordinate with foreign counsel to ensure your estate plan works across jurisdictions.

For a broader overview of probate and inheritance procedures in Thailand, see our Probate & Inheritance guide.