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Dying Without a Will in Thailand: Intestate Succession Rules
If a person dies in Thailand without a valid will, the Civil and Commercial Code §1635-1755 (intestate succession) governs distribution. This guide explains the six statutory classes and how foreigners with Thai assets are affected.
TL;DR
If someone dies in Thailand without a valid will, the Civil and Commercial Code (CCC) §1635-1755 governs intestate succession. The estate passes through six statutory classes of heirs in priority order: (1) descendants, (2) parents, (3) full siblings, (4) half siblings, (5) grandparents, (6) uncles/aunts. A surviving spouse is treated as an heir alongside these classes with allocation rules. Foreigners with Thai assets are subject to the CCC rules for Thai-situs property unless a foreign will is recognised by the Thai court for movable property.
The Six Classes (CCC §1629)
| Class | Heirs | Notes |
|---|---|---|
| 1 | Descendants (children, grandchildren, etc.) | Per stirpes if a child predeceases |
| 2 | Parents | |
| 3 | Full-blood brothers and sisters | |
| 4 | Half-blood brothers and sisters | |
| 5 | Grandparents | |
| 6 | Uncles and aunts |
Spousal Share (CCC §1635)
- With Class 1 (descendants): spouse takes a child's share.
- With Class 2 (parents) or Class 3 (full siblings): spouse takes half.
- With Class 4 (half siblings) or Class 5 (grandparents) or Class 6 (uncles/aunts): spouse takes two-thirds.
- If no surviving heir of any class: spouse takes the whole estate.
Probate Procedure
- An heir or interested party petitions the Civil Court (or Family Court if minors involved) for an Administrator-of-Estate order.
- Death certificate, family-status documents, and asset inventory are filed.
- The court appoints an administrator (commonly the surviving spouse or eldest child); creditors are notified.
- The administrator collects, values, and distributes assets per intestate rules.
Foreigner-Specific Notes
- Thai-situs immovable property follows Thai intestate law regardless of the deceased's nationality.
- Movable Thai assets (bank accounts) may follow the deceased's national law via private international law — but Thai-court practice often applies Thai rules.
- A Thai will (Last Will and Testament under CCC §1646-1654) avoids most ambiguity for foreign-owned Thai assets.
Common Mistakes
- Assuming a foreign will automatically governs Thai assets — it must be presented to the Thai court.
- Forgetting that a Thai-spouse joint "and" account may freeze pending probate.
- Failing to register a will under any of the CCC-recognised forms.
FAQs
1. Is a will written in English valid in Thailand?
Yes if it meets one of the CCC's recognised forms (written, holograph, secret, public deed, before official). Translation is required for probate.
2. Can I disinherit a spouse?
Thailand has no forced heirship for spouses, but practical disputes are common.
Related Reading
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