a court process required to validate a will or appoint an administrator to distribute the estate of a deceased person in Thailand. This process applies whether the person died with a Thai will, a foreign will, or without any will at all (click to read more about the court procedure...).

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Probate in Thailand for Foreigners

If you are a foreigner with assets in Thailand, such as a condominium, bank account, vehicle, or Thai-registered company, your estate must go through the Thai probate court before any property can be legally transferred.

Practical Information for Expats and Foreigners

• Probate is always required: A will, Thai or foreign, does not automatically transfer ownership. A Thai court must review and approve the estate before assets can be released or transferred.
• Thai wills simplify the process: A Thai-language will drafted in compliance with local law will generally speed up probate proceedings and reduce the risk of delays or objections.
• Foreign wills are accepted, but require extra steps: A foreign will can be used in Thai probate court, but it must be officially translated into Thai and legalized (notarized and authenticated, typically by the Ministry of Foreign Affairs).
• No fixed deadline, but timely action is important: While Thai law does not impose a strict time limit for submitting a probate application, delays can create complications with banks, co-owners, or other beneficiaries. Filing within a few months of death is recommended.
• Court process overview: The probate application is filed with the Thai Civil Court where the deceased resided or where assets are located. The court will:
  • Verify the validity of the will
  • Appoint an executor or administrator
  • Notify known heirs or publish a notice for unknown ones
  • Hold a brief hearing (usually 1 session if uncontested)
• Required documents:
  • Original will (Thai or foreign)
  • Death certificate (translated and legalized if foreign)
  • Passport and ID of heirs and applicant
  • House registration or address of the deceased
• Appeals: If any party disputes the will or appointment of an executor, they may file an appeal within 30 days of the court’s judgment. Appeals are handled by the regional Court of Appeal.
• Typical timeframe: Most uncontested probate cases are resolved within 3 to 6 months, though delays can occur in complex or disputed estates.

Exceptions: When Thai Probate May Not Be Required

In certain cases, if a foreign will has already gone through probate in the deceased’s home country, Thai probate may not be necessary. This depends on the type of asset and the institution involved.

For example, the Thai Land Office may accept a foreign probate judgment, if it is properly legalized, translated into Thai, and certified, for the purpose of transferring ownership of a foreign-owned condominium held in the deceased's name. This allows the heir to proceed without starting a new probate process in Thailand.

However, this is not guaranteed in every case. Acceptance depends on the:

• Land Office jurisdiction and their discretion
• Quality of the documentation (e.g. official translations, consular/legal stamps)
• Clarity of the foreign court’s decision and its relevance to Thai property law

For other asset types, such as Thai bank accounts or company shares, a Thai probate court order is usually still required, even if a foreign probate judgment exists.

Why probate is important for foreigners in Thailand

Thai law does not recognize automatic inheritance. Banks, land offices, and other authorities require a Thai court order before releasing or transferring any assets. Without probate, even a valid will (Thai or foreign) cannot be enforced.

Example

“A British expat passed away in Thailand leaving a Thai bank account and a condominium. Even though he had a valid UK will, his son had to apply for probate in the Thai court before accessing the estate.”

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Probate – FAQs

Do Thai courts automatically recognize a foreign probate order?

No. A foreign probate/grant isn’t self-executing in Thailand. It can be filed as evidence, but you still apply to a Thai court to appoint an estate administrator.

If foreign probate is done, do I still need Thai probate?

Usually yes for Thai bank accounts/company shares. Some Land Offices may accept a properly legalized and translated foreign probate for condo transfer, but this is discretionary.

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