Questions?
We reply within 24 hours, free of charge.
No, a joint bank account in Thailand does not pass to the survivor automatically. When one account holder dies, Thai law treats the deceased's share as part of the estate (Civil and Commercial Code s. 1599). Co-holders of an account are presumed to own equal shares unless they can show otherwise (ss. 300, 1357), and where the holders were married and the money is marital property, half of it is set aside for the surviving spouse before the rest is treated as an inheritance (ss. 1625, 1533). What a surviving holder can still withdraw depends on the bank's own rules, not on a single statute: many banks limit or stop payments once they learn of the death, and from that point the survivor deals with a court-appointed administrator or with the other heirs.
In short
- A joint account in Thailand carries no automatic right of survivorship.
- The deceased's share becomes part of the estate; if the holders were married and the money is marital property, half of it is set aside for the survivor first.
- What happens next is a matter of the bank's own terms, not one law that applies to every bank.
- Banks normally pay out to a court-appointed estate administrator, not to the survivor alone.
- A will naming an administrator can simplify the court process, and a separate account helps cover everyday costs while you wait.
What the bank does when an account holder dies
We found no single Thai rule that tells a bank what to do with a joint account once a holder dies; what happens next depends on the bank's own terms, checked against the heirs' rights under the Civil and Commercial Code. Kasikornbank's own savings-account terms show one example: on an either-or account, either holder can withdraw on their own signature, but once the bank is told of a death, it may stop paying the survivor, who then has to act together with the estate's administrator or the other heirs, unless the bank itself decides otherwise. Other banks word this differently, so ask your own bank for its rule in writing.
We advise asking the bank in writing, as soon as possible, what its own rule is for a joint account after a death, and getting that answer on paper before you plan around it.
Joint accounts: 'and' versus 'or'
Thai banks commonly open a joint account in one of two modes, usually described as "and" and "or" accounts. On an "or" account, either holder can sign and withdraw alone. On an "and" account, the bank asks for every holder's signature before it pays out. Where that condition applies, one holder's death can make withdrawals harder, since meeting it may need an administrator or all the heirs acting together. This is a possible practical difficulty where all holders must sign; ask your bank in writing what procedure and documents it requires after a holder's death.
| Account type | What usually happens after a death | What the heir typically needs |
|---|---|---|
| "Or" account (either holder may sign alone) | The bank may still let the survivor withdraw for a time, then stop once it learns of the death | A court order naming an administrator, if the bank asks for one |
| "And" account (every holder must sign) | Withdrawals can be harder once a signature is missing | Whatever the bank's own terms ask for, which can include a court order naming an administrator |
| Account in the deceased's name only | Blocked as soon as the bank learns of the death | A court order naming an administrator |
How an heir gets the money: court and documents
Thailand has no document like a UK grant of probate or US letters testamentary. A Thai court issues an order appointing an administrator of the estate, and it is that order, not a foreign grant, that a Thai bank asks for. An heir or another interested person may petition the court for the appointment (CCC s. 1713). The law disqualifies only three groups from acting as administrator: minors; people of unsound mind or adjudged quasi-incompetent; and bankrupts (s. 1718) - nationality is not a bar, so a foreign spouse or adult child can be appointed.
The usual steps are:
- Obtain the death certificate.
- Have foreign documents - the will, proof of marriage or kinship, identity papers - legalised and translated into Thai.
- File the petition with the court that has jurisdiction over the deceased's estate.
- Attend the hearing if the court requires it; whether personal attendance is needed depends on the court and the circumstances, so ask your lawyer to check before you plan travel.
- Once the court appoints the administrator and the order becomes final, take the order to the bank.
An administrator must act personally once appointed and may use an agent only where the will allows it, the court orders it, or the estate's interest requires it (CCC s. 1723) - a lawyer can still prepare the petition and the paperwork on the family's behalf, but the administrator's own role in the case is personal. After the appointment, the law sets its own clock, running from when the administrator has heard the court's order or is deemed to have heard it (s. 1716): within 15 days of that point the administrator starts an inventory of the estate, finishes it within a month unless the court extends that, and completes the administration within a year of the same point unless the will, a majority of the heirs, or the court sets a different period (ss. 1716, 1728, 1729, 1732). An appeal against the order runs for one month from when it is read out (Civil Procedure Code s. 229).
Market estimates reported by Thai practitioners put the time to the court order itself at about 3-6 months where a Thai will names the administrator, 8-16 months with no will at all, and 12-24 months or longer where only a foreign will exists. These are not statutory deadlines, only what lawyers report from practice, and your own case can run faster or slower.
Our lawyers prepare the petition and the supporting documents in Thai and English, and represent the administrator before the court, so the family does not have to manage a Thai court case from abroad on their own.
If the account is only part of a larger estate - together with a condo unit, for example - the same court order usually covers both; our guide on inheriting a condo in Thailand as a foreign heir explains how that side works. One more point worth knowing: under the Inheritance Tax Act B.E. 2558, inheritance tax only applies to amounts above THB 100 million received from one deceased person, and a surviving spouse is exempt from it altogether. The threshold applies to the combined net value of assets received from that deceased person that fall within the Act, after deducting inherited liabilities, rather than to each account separately; which assets count depends on the heir's status and the Act's territorial rules, so an heir who is not exempt should look at the whole estate, not just this account.
Preparing in advance: a will and a second account
Two steps help you prepare for this now: a will can simplify the court's work, and a separate account covers your everyday costs while you wait. The first is a Thai will that names an administrator. Thai law recognises several forms of will, including an ordinary written will that is dated and signed by the testator before at least two witnesses present together (CCC s. 1656), and naming the administrator in it lets the court appoint exactly the person you chose, instead of leaving that open to the process described above. Our team can help draft a Thai will that names an administrator and sits alongside a will you already have at home.
The second step is practical rather than legal: each holder keeps a separate account for everyday spending, so the surviving partner is not left waiting on the joint account while the court case runs its course.
Some people instead ask their bank to pay the balance to the survivor automatically on death, through a written instruction rather than a will. The Thai Supreme Court has treated this kind of instruction as a disposition that only takes effect on death - in other words, something with the nature of a will - so it needs the form of a proper will to be relied on. A will made in the correct form remains the safer tool.
What to do next
If your bank has already told you it will not pay out, send us its written answer, and we will explain what the court process needs from your family next. We answer within 24 hours, fix the cost of the work before we start, and prepare the court documents in Thai and English. For the will side of planning, our Thai will and estate planning service covers naming an administrator and keeping it consistent with a will from your home country; for the court process itself, see our inheritance service for foreigners in Thailand. Our guide on a Thai will alongside your home-country will and the typical situation two wills without conflict show how families usually set this up before anything happens.
