Do You Really Need a Thai Will
Is a Thai will beneficial for a foreigners assets in Thailand, if you own only a condo a separate Thai will may not only be unnecessary, it may actually complicate the inheritance process. Using a foreign will with proper legalization may avoid Thai court entirely.
Transferring Ownership of a Foreign-Owned Condo in Thailand Upon Death:
Do You Really Need a Thai Will?
When a foreigner who owns a condominium in Thailand passes away, transferring the ownership of the condo to an heir can be done in one of two ways, depending on whether a probate order has already been issued abroad. This is a crucial issue for expats in Thailand who are concerned with inheritance and estate planning.
Option 1: Foreign Probate Order (e.g., Australia)
If the deceased’s home country (e.g., Australia) allows for probate and the executor is appointed by a court order, then this order may be used directly in Thailand to transfer ownership of the condo to the heir. This process avoids going through probate again in Thailand.
Required documents:
- Original court order from Australia (certified by the appointed executor)
- Thai translation of the court order, certified by the Thai Embassy or Consulate in Australia
- Original condo unit title deed
- Certified copies of passports of the deceased and executor
- Original death certificate with Thai translation, certified by the Thai Embassy or Consulate
- Certificate of no outstanding fees from the condominium juristic person
- Consent letter signed by all heirs, allowing transfer to the legatee
- Power of attorney to transfer title (can be prepared locally)
- Transfer fee and taxes (calculated at the time of transfer)
Once all documents are ready and certified properly, the transfer can be made directly at the Land Office without needing a Thai court order.
Option 2: Thai Probate Court Appointment
If there is no foreign probate order, or if the Thai Land Office does not accept the foreign order (or if a separate Thai Will applies), a Thai court must appoint an estate administrator (ผู้จัดการมรดก). This process generally takes several months and involves court filing fees and Thai legal representation.
Important: A foreign executor or administrator is not automatically required to appear in person in Thailand. Under the Thai Civil Procedure Code, a party may act through a licensed Thai lawyer by signing the official Courts of Justice Power of Attorney (Form 9 – ใบแต่งทนายความ). In uncontested cases, or where the Will already names the administrator the entire petition can be handled by counsel and submitted via the COJ e-Filing system.
If the court requires clarification or additional testimony, the judge may request the administrator’s attendance. However, there is no fixed rule that a foreign executor must travel to Thailand twice or appear personally at every stage.
Required documentation typically includes:
- Original Will (Thai or foreign, translated and notarized)
- Death certificate and supporting family documents, all translated and certified by a Thai Embassy or Consulate
- List of heirs with passport copies
- Consent letters from heirs (if required) confirming appointment of the executor
The court procedure usually takes 45–60 days after filing, provided all documents are complete and there are no objections.
Official references:
– Civil Procedure Code (Sections 53–55 – representation by attorney):
excise.go.th (PDF)
– Courts of Justice e-Filing citizen guidance:
sknc.coj.go.th
– COJ Power-of-Attorney Form 9 (ใบแต่งทนายความ):
oia.coj.go.th
Note: In practice, most foreign executors authorize a Thai lawyer to represent them for all court matters, avoiding the need to travel to Thailand personally unless the judge specifically orders otherwise.
Do You Need a Thai Will?
In straightforward cases, such as a foreigner owning only a condo in Thailand, having a separate Thai will may complicate the process unnecessarily. If the testator has a valid will and probate order from abroad, that may be sufficient. Adding a Thai will can trigger a mandatory Thai probate procedure, even if it adds no extra value.
It’s a myth that a Thai will is always necessary. In some cases, it leads to duplicated legal procedures and court costs. Each case should be reviewed individually with cross-border legal advice.
| Approach | What the rules say | How Land Offices tend to treat it | Pros | Cons / Risks |
|---|---|---|---|---|
| 1. Foreign probate order (legalized + translated) |
Land Department manual: requires “court order or will appointing administrator” – does not specify Thai court only. | Some Land Offices may accept this as sufficient, especially if the foreign will clearly names an executor. Others refuse, citing the general rule that foreign judgments aren’t binding in Thailand. |
|
|
| 2. Thai probate (administrator appointed by Thai court) |
Thai law: foreign judgments have no direct effect; treated as evidence only. Thai courts must appoint an administrator before assets are managed. | Standard practice: Land Offices almost always require the Thai order before they register inheritance transfers. |
|
|
Note: Regardless of probate route, the foreign heir must still qualify under Section 19 of the Condominium Act (quota compliance, proof of foreign currency remittance). Otherwise, the unit must be disposed of within 1 year.
Conclusion
If you are an expat in Thailand with assets both abroad and in Thailand, and particularly if your Thai assets are limited to one property such as a condo, consider whether a Thai will is really necessary. In many cases, using a foreign will with proper legalization may avoid Thai court entirely.
Section 19(7) “A foreigner or juristic person regarded by law as foreign, other than those specified in Section 19(1), who acquires an apartment unit (condo) by inheritance as statutory heir or legatee by will or otherwise, shall notify in writing the competent authority within sixty days from the date of acquisition of ownership, and shall dispose of such apartment within one year from the date of acquisition. If disposition is not made within said period, the provisions of the fourth paragraph of Section 19(8) shall apply mutatis mutandis.”
Last updated: October 31, 2025 | Source: Courts of Justice (coj.go.th), Excise Department (excise.go.th), Thai Senate (senate.go.th)
อัปเดตล่าสุด: วันที่ 31 ตุลาคม พ.ศ. 2568 | แหล่งที่มา: ศาลยุติธรรม (coj.go.th), กรมสรรพสามิต (excise.go.th), วุฒิสภา (senate.go.th)
