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Verwaltung des Nachlassvermögens (Nachlassverfahren)
Civil and Commercial Code, Book VI, Title IV
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Kurz gesagt
Buch VI ZGB, Titel IV: Bestellung des Nachlassverwalters (per Testament oder Gericht), Pflichten, Inventar und Verteilung. Ohne dies kommen die Erben eines Ausländers nicht an thailändische Vermögenswerte.
1711-1712: Appointment of an estate administrator
An estate administrator can be named directly in a will, chosen by someone the testator nominated for that task, or later confirmed by court order, giving foreign heirs a clear legal channel to manage Thai property left behind.
1713: Court-appointed administrator: grounds and criteria
Heirs, interested parties or a prosecutor may petition the court for an administrator if an heir is missing, abroad or a minor, if the named administrator cannot act, or if the will's appointment fails. Courts follow the will's wishes where possible.
1718: Who may not serve as administrator
Minors, persons lacking full legal capacity, those declared incompetent or quasi-incompetent, and undischarged bankrupts are barred from acting as estate administrators, a relevant check when foreign nominees are considered for this role.
1719-1723: Powers, duties and limits on the administrator
The administrator must carry out the will's instructions and manage the estate properly, generally acting personally rather than through agents, without pay unless authorized, and may not enter deals where his own interest conflicts with the estate's.
1724: Binding effect of the administrator's acts on heirs
Deals the administrator makes within his authority bind the heirs toward outsiders. However, if a transaction secretly benefited the administrator personally, heirs are not bound unless they later approve it.
1728-1729: Timeline for the estate inventory
The administrator must start listing estate assets within 15 days of learning of his appointment and finish within one month, extendable by court permission, with the inventory witnessed by at least two persons holding an interest in the estate.
1732-1733: Deadline for completing administration and final accounting
Administration and distribution should normally finish within one year of the relevant starting date, unless a different period is set by the testator, heirs or court. Any release from liability on the final account only takes effect once heirs have held the documents for five years.
1734-1736: Creditors' claims against the estate
Creditors can only recover from estate assets, not personally from heirs beyond what they inherit. Heirs must disclose known debts and property to the administrator, who keeps managing the estate, collecting debts owed to it, until all known creditors and legatees are paid.
1737-1738: Enforcing debts before and after division of the estate
A creditor may sue any heir but must involve the administrator if one exists. Before division, full payment can be demanded from the estate; after division, each heir answers only up to the value of what he actually received.
1739: Priority order for paying estate debts
Before other debts, the estate first covers common administration costs, then funeral expenses, taxes, wages owed to household staff, unpaid supplies of daily necessities, and finally the administrator's remuneration, subject to any special secured claims.
1740-1741: Which assets are sold first to satisfy debts
Movable and other non-real property is used to pay debts before real estate, unless the deceased directed otherwise. Property earmarked for sale usually goes to public auction, though an heir can stop the sale by paying the appraised value instead.
1744: One-year holding period before distribution to heirs
The administrator generally need not hand over the estate to heirs until one year has passed since the death, unless all known creditors and legatees have already been paid in full sooner.
1745-1746: Co-ownership before partition and equal shares presumption
Until the estate is formally divided, co-heirs hold it jointly under general co-ownership rules. Unless the will or law states otherwise, all co-heirs are presumed entitled to equal shares in the undivided property.
1748: Right to demand partition despite time limits
An heir actually holding part of the undivided estate can still demand its formal partition even after the standard limitation period has expired, and this right cannot be waived by agreement for longer than ten years at a time.
1750-1752: Methods of partition and liability for eviction afterward
Heirs may divide the estate by physically splitting assets or by selling everything and sharing proceeds. If an heir later loses allotted property through a third party's superior claim, co-heirs must compensate him proportionally, but any such claim must be filed within three months.