This information is for reference only and is not legal advice. Consult a licensed lawyer before any transaction.
Administration of Estate (Probate)
Civil and Commercial Code, Book VI, Title IV
The information is reviewed and updated monthly against official sources.
In short
Book VI, Title IV of Thailand's Civil and Commercial Code governs how an estate administrator is appointed (by will or court order), what qualifications and duties apply, and how the estate is inventoried, accounted for and distributed to heirs - the process a foreigner's heirs must complete to access Thai-located assets.
1711: Who may serve as estate administrator
An estate administrator is a person who either is named in the deceased's valid will or is installed by a court order. This dual route matters for foreigners: even where a will names someone, Thai practice usually still requires a court order before banks, the Land Department and other holders will release or transfer assets.
1713: Grounds for court appointment of an administrator
An heir, any interested person or the public prosecutor may petition the court to appoint an administrator when an heir is absent, abroad or a minor, when an existing administrator cannot or will not act, or when a will's appointment fails. The court selects in the estate's best interest, weighing the deceased's wishes.
1715: Testamentary appointment of one or several administrators
A testator may name one or more administrators directly in the will, or may entrust a third party with choosing them. Where several are appointed and some cannot act, the remaining ones continue, unless the will states otherwise. A clear Thai will naming a trusted administrator reduces later disputes among heirs.
1718: Persons disqualified from being administrator
Certain people cannot serve as administrator: minors, persons declared incompetent or quasi-incompetent, and persons adjudged bankrupt by a court. Choosing a qualified, eligible administrator in advance, ideally a Thai-resident professional or trusted relative, helps avoid the court rejecting the appointment and delaying access to the estate.
1719: General powers and duties of the administrator
The administrator has both the right and the obligation to do everything reasonably necessary to carry out the will's express or implied instructions and to manage and distribute the estate. This broad mandate lets the administrator collect assets, settle debts and transfer property such as condominiums to the rightful heirs.
1720: Administrator's liability to heirs
The administrator is answerable to the heirs much like an agent is to a principal, with the Code's rules on agency applied by analogy. This means the administrator must act in good faith, account for what is handled, and may be liable for loss caused by negligence or self-dealing during administration of the estate.
1722: Prohibition on conflict-of-interest transactions
An administrator may not enter into legal transactions in which his personal interest conflicts with the estate's, except with prior consent of all heirs or court authorisation. This bar prevents the administrator, for instance, from buying estate property himself at an undervalue, protecting heirs including those living outside Thailand.
1723: Duty to act in person
The administrator must perform his duties personally and cannot freely delegate them, unless the will allows it, the court permits it, or the circumstances make delegation necessary. This keeps responsibility with the appointed individual and prevents the estate from being handled by unauthorised substitutes without proper oversight.
1726: Decision-making by several administrators
When more than one administrator is appointed, decisions are taken by majority vote unless the will provides otherwise. If the vote is tied, an interested person may ask the court to decide. Naming a single administrator in a Thai will avoids deadlock and speeds the handling of foreign-owned assets.
1727: Removal and resignation of the administrator
On the application of an interested person, the court may remove an administrator who neglects his duties or for other sufficient cause, even after distribution has begun. An administrator may also resign, but only with the court's permission, ensuring the estate is never left without responsible management mid-process.
1728: Duty to start the estate inventory
The administrator must begin drawing up an inventory of the estate without delay, in principle within fifteen days from the death, from learning of his appointment, or from accepting the role. A prompt inventory establishes what assets exist, which is essential when assets are spread across Thai and foreign jurisdictions.
1729: Completing the inventory with witnesses
The inventory must be finished within one month, a period the court may extend, and must be prepared in the presence of at least two witnesses who are themselves interested in the estate. This witnessed inventory creates a reliable record and reduces later disputes over what the deceased actually owned.
1732: Time limit for managing and distributing the estate
The administrator must complete management of the estate and render his accounts within one year from the dates set in the Code, unless the will, the heirs by majority, or the court fixes a longer period. This deadline keeps administration moving so heirs are not left waiting indefinitely for their shares.
1733: Approval of accounts and limitation period
Approval of the administrator's accounts takes effect only once the accounts and related documents are delivered to the heirs. Any claim by an heir connected with the administration must in principle be brought within five years from the end of the administration, encouraging timely review of how the estate was handled.
will-foreign-assets: Why a Thai will speeds probate for foreign-held assets
A separate Thai-law will covering assets located in Thailand lets the local court appoint an administrator quickly, without first waiting for foreign probate or sworn translations of overseas documents. It clarifies who inherits Thai property, condominium units and bank balances, cutting the months of delay that intestate or foreign-only wills typically cause.