The Rules of Intestacy under Thai Law
Handling the estate of a foreigner who passes away in Thailand requires following specific Thai legal procedures. A critical initial step involves submitting a copy of the deceased’s will to the relevant Thai courts; typically, a member of the decedent’s family or their designated attorney undertakes this responsibility. The terms outlined in a valid will strictly dictate how the decedent’s property within Thailand transfers to beneficiaries. However, should no will exist (a situation called intestacy), Thai law concerning intestate succession and the specific rules of intestacy govern the distribution of assets. Navigating these procedures correctly is vital, potentially including defending an estate against unfounded claims or ensuring the distribution accurately aligns with legal mandates.
Statutory Heirs under Thai Intestate Succession Law
When there is no will, resulting in intestacy, Section 1629 of the Thai Civil and Commercial Law Code clearly defines the inheritance order. Thai law establishes six classes of statutory heirs entitled to inherit, adhering to this specific hierarchy:
- descendants (children, grandchildren)
- parents
- full-blooded brothers and sisters
- half-blooded brothers and sisters
- grandparents
- uncles and aunts
Significantly, Thai law also recognizes a surviving spouse as a statutory heir. They inherit alongside the relevant classes mentioned above, and their specific share depends on which other classes of heirs are still living. Thai courts meticulously supervise the entire probate and inheritance process. This judicial oversight protects the final wishes of the decedent, ensures the rightful heirs receive their inheritance, and maintains full compliance with Thai legal standards.