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Thai Probate Law

For foreigners residing in Thailand, understanding Thai Probate Law is crucial. Thailand Last Will & Probate strongly recommends that expatriates prepare wills in both Thailand and their home country. Specifically, a Thai Will governs assets located within Thailand, including personal property, vehicles, bank accounts, and investments. When a foreigner passes away in Thailand, a family member or their appointed attorney must present a copy of their will to the Thai courts. The transfer of a decedent’s property in Thailand is dictated by their will, or Thailand’s law on intestate succession governs it if no valid will exists. Whether or not a will exists, the Thai court must legally approve the inheritance and subsequently appoint an executor or administrator to manage the estate’s affairs. When an individual dies intestate, meaning without a valid will, Thai law distributes their entire estate among their legal heirs.

Key Aspects of Thai Probate Law

Thai Probate Law outlines specific procedures for managing a deceased person’s estate. These procedures include the necessity for court approval of inheritance, the appointment of an executor or administrator, and the legal framework governing intestate succession. This framework dictates the order in which legal heirs inherit if no valid will exists. Foreigners with assets in Thailand must understand these aspects to ensure their estate is handled according to Thai legal requirements.

Under Thai Probate Law, there are six classes of statutory heirs who inherit in a specific order:
1) descendants (or children)
2) parents
3) brothers and sisters of the full blood
4) brothers and sisters of half blood
5) grandparents
6) uncles and aunts

Thai law also recognizes a surviving spouse as a statutory heir under certain circumstances. The courts oversee probate, which is the legal process of administering a deceased person’s assets in Thailand. This process safeguards the decedent’s wishes and the rights of their heirs, all while ensuring full compliance with Thai legal statutes. Thailand Last Will & Probate offers expert guidance through every step of this process.