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Thai Estate Administration & Executor Petition — CCC Book 6

Full estate administration under Civil and Commercial Code Book 6 — court petition to appoint an executor, distribution among heirs, transfer of land/shares/accounts, debt settlement, and inheritance-tax filing.

Attorney fee
THB 35,000+
Timeline
3-6 months
Inheritance tax
5-10%
Threshold
THB 100M
Quick answer

Thai estate administration requires a court-appointed executor under Section 1713 CCC, taking 60-90 days. Court fee THB 200 plus NYC attorney THB 35,000 (uncontested) covers petition, heir tracing, publication, and order. Asset transfer follows in 30-60 days.

Six statutory heir classes

Section 1629 CCC ranks heirs in six classes: 1) descendants, 2) parents, 3) full siblings, 4) half-siblings, 5) grandparents, 6) aunts/uncles. A spouse is not ranked but receives half of communal property first.

Inheritance tax

Inheritance Tax Act 2015 imposes 5% (direct heirs) and 10% (others) on amounts above THB 100M per recipient. Form P.M.60 due within 150 days of court order. Counts: land, shares, bank accounts, cars, bonds; excludes personal jewellery.

Contested cases

Objections or competing executor claims extend the hearing to 3-6 months and legal fees to THB 80,000-150,000. NYC's contested-estate team handles work for banks (BAY, KBank) on deceased-customer estates.

Foreigners' estates in Thailand

Foreigners dying with Thai assets (condo, land, shares) must go through Thai court — foreign probate is not recognised. Same process as for Thai nationals, plus translation and legalisation of the foreign will and death certificate. NYC handles Apostille + translation + court filing.

Avoiding probate

Some assets bypass court: 1) beneficiary-designated accounts (life insurance, provident fund), 2) joint accounts with spouse, 3) estates under THB 500,000 (some banks release directly). NYC advises on pre-probate options to save 2-3 months.

How it works

  1. 1. Collect documents

    Death certificate, house registration, marriage certificate, heirs' birth certificates, will (if any), asset list.

  2. 2. File petition

    Civil Court / provincial court where the deceased was domiciled; THB 200 filing fee.

  3. 3. 30-day publication

    Court and residence notices to allow objections.

  4. 4. Hearing + order

    Attorney presents heirs and witnesses; executor order issued in 30-60 days.

  5. 5. Asset transfer + close

    Executor transfers land/shares/accounts and files inheritance-tax return where applicable.

FAQ

No will — still manageable?

Yes. Without a will, the statutory heirs ranked under §1629 of the Civil and Commercial Code petition the court to appoint an estate administrator. The core filings are the death certificate, house registration, proof of relationship and an inventory of estate assets; hearings are usually scheduled 45-60 days after the petition.

Heirs abroad?

Heirs abroad do not need to fly back. They sign a power of attorney before a notary in their country of residence, have it apostilled or legalised at a Thai embassy, and we then translate and certify it for the court and the Land Department as a single bundle.

When can land be transferred?

Transfer happens once the court's appointment order is final. At the Land Office the registration itself takes one to two working days, on production of the order, the certificate of finality, the title deed and the administrator's ID. Where several heirs take jointly, bring signed consents from all of them.

Tax owed?

Inheritance tax applies only to the portion above THB 100 million per recipient: 5% for ascendants and descendants, 10% for everyone else, with a legal spouse fully exempt. The return is due within 150 days of receiving the taxable portion of the estate.

Debts exceed assets?

Heirs are liable for the deceased's debts only up to the value of what they inherit, so personal assets are not exposed. Where the debts clearly exceed the estate, an heir can renounce it in writing before the competent officer within the statutory period. Prepare a full asset and liability inventory before deciding.

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