Thai probate runs through the court: it appoints an administrator, and banks and land offices will not act without that order (ThaiLawOnline, 1 October 2026). Market estimates put the order at 3 to 6 months with a Thai will and 12 to 24 or more with a foreign one. A foreign heir does not always keep an inherited condo: the heir's status under s. 19 of the Condominium Act decides. Rules are stated as of 6 October 2026.
In short
- Thailand issues no document like an English grant of probate. The Probate Court names an administrator, and banks and land offices want that order (ThaiLawOnline, 1 October 2026; as of 6 October 2026).
- Market estimates put the court order at 3 to 6 months with a Thai will, often 8 to 16 with no will and 12 to 24 or more with a foreign will (ThaiLawOnline, 3 October 2026).
- With no will, heirs take in six classes. A spouse takes a share under s. 1635 if the marriage is registered.
- Condo: an heir with s. 19 status keeps the unit within the 49% quota. By the Act's text, other heirs notify the Land Department within 60 days and sell within a year, while for heirs of a foreigner who bought with remitted currency the sources disagree. Land needs the Interior Minister's permission.
- Inheritance tax applies only above THB 100 million, and a spouse is exempt.
Who inherits in Thailand?
With a will, the people it names inherit. With no will, heirs take in order: descendants, parents, full siblings, half siblings, grandparents, uncles and aunts, and anyone in a higher class excludes the lower ones. The exception is that parents who survive beside descendants take a child's share (Civil and Commercial Code ss. 1629 and 1630). The surviving spouse inherits separately, under s. 1635.
| Who survives | Spouse's share |
|---|---|
| Descendants | A child's share |
| No descendants, but parents or full siblings | Half of the estate |
| Half siblings, grandparents, or uncles and aunts | Two thirds |
| No other heirs | The whole estate |
The spouse's share is taken after the marital property is divided (s. 1625), and only a registered spouse inherits (s. 1457). Since 23 January 2025 the same rules apply to same-sex spouses (s. 1635 in ThaiLawOnline's English translation; P&S Law, 25 July 2025).
How does probate work in Thailand?
The Probate Court issues an order appointing an administrator, and banks and land offices require it. You need the death certificate, the will, proof of relationship, asset documents and any foreign papers legalised and translated into certified Thai. The proposed administrator attends the hearing in person (ThaiLawOnline, 3 October 2026).
| Situation | Time to the court order |
|---|---|
| Thai will naming an administrator | 3 to 6 months |
| No will | Often 8 to 16 months |
| Foreign will only | 12 to 24 months or more |
Add about a month for the no-appeal certificate and several months to transfer assets (ThaiLawOnline, 3 October 2026). These are market estimates, not statutory deadlines. The 1 October 2026 guide on the same site gives close figures as the total time for the whole case, so read them as a guide only.
UK, US and Australian estates
A UK grant of probate or US letters testamentary has no force in Thailand, so an executor named at home still needs a Thai order. Land offices almost always require the Thai order, although some may accept a legalised foreign order that clearly names an executor (ThaiLawOnline, 31 October 2025). Plan on the Thai order.
If you live abroad, tell us early whether you can travel. The 3 October 2026 probate page says the proposed administrator attends the hearing, while an October 2025 article on the same site says a foreign executor may have a licensed Thai lawyer appear instead. We confirm with the court which applies. Foreign documents for use in Thailand follow the legalisation chain: notary, foreign ministry, Thai embassy, then translation. After 28 February 2027 an apostille replaces the embassy step for states that do not object (HCCH, 6 October 2026). Your home country may tax the estate on its own rules, which we do not cover: get advice there.
Can a foreign heir keep a condo, land or a lease?
A foreign heir does not always keep an inherited condo. An heir with s. 19 status under the Condominium Act, such as a permanent resident, keeps the unit while foreigners in the building hold no more than 49% of the area. By the Act's text, other heirs notify the Land Department within 60 days and sell within a year (ss. 19/5 and 19/7).
| Asset | What happens with a foreign heir |
|---|---|
| Condo | With s. 19 status: kept within the quota. Without it, by the Act's text: notice within 60 days and sale within a year. For heirs of a foreigner who bought with remitted currency the sources disagree. If the unit is not sold in time, the Land Department may dispose of it |
| Land | Only with Interior Minister permission, otherwise sale within a year (Land Code s. 93) |
| Lease | One source says it passes to heirs, another that it ends with the lessee, so name the heirs in the contract |
| Superficies | Passes to heirs unless the contract says otherwise |
| Usufruct | Ends when the holder dies, and ownership consolidates in the owner |
Full walk-through: Inheriting a condo in Thailand as a foreign heir. On how the quota works when you buy: The 49% foreign quota in Thai condos.
Taxes and fees
Inheritance tax applies only above THB 100 million received from one deceased person: 5% for descendants and ascendants, 10% for others, a spouse exempt, payable within 150 days (Inheritance Tax Act B.E. 2558; ThaiLawOnline, 1 October 2026). Ordinary estates stay below the threshold. What remains is the Land Office fee and court costs.
ThaiLawOnline (1 October 2026) puts the fee for registering inherited real estate at 0.5% of the appraised value for descendants, ascendants and a spouse, and 2% for other heirs (Ministerial Regulation No. 47, B.E. 2541). A later sale of the unit is taxed on the usual rules: 2% transfer fee, 3.3% Specific Business Tax or 0.5% stamp duty, and withholding tax (ThaiLawOnline, 4 October 2026). How the holding period counts for an inherited unit, we have not confirmed.
What we do and what to check yourself
- We list the assets and heirs: condo, lease, usufruct, accounts and company shares.
- We check each heir's status, the building's quota and how the deceased bought the unit.
- We prepare documents, translations and legalisation.
- We run the case in the Probate Court: administrator, attendance and order.
- We register the transfer. For a condo without s. 19 status we prepare the notice and a sale plan within the year.
A lawyer licensed by the Lawyers Council of Thailand runs the case.
Check yourself:
- Whether there is a will, in which language and where the original is.
- Each heir's status: permanent residence or Thai nationality.
- How the deceased bought the unit: with money remitted from abroad, or as a Thai national.
- The date of death, which is the date to count 60 days and a year from.
- Where the title deed and the condominium's juristic-person papers are.
- Which documents need legalisation and translation.
A typical situation assembled from practice is in the case study A foreign heir inherits a condo. On drawing up the will itself: Make a will in Thailand.
Describe your situation in the form below: where the deceased died, whether there is a will, who the heirs are and their nationalities. We reply within 24 hours. The price and scope are on the service card.
