In short
- A foreigner can make a Thai will. The usual structure is two wills: a Thai will for Thai assets and a separate will for assets elsewhere (ThaiLawOnline, 1 October 2026).
- The testator must be at least 15 and of sound mind. An ordinary will is signed before two witnesses present together (Civil and Commercial Code s. 1656).
- Market estimates put the court order appointing an administrator at 3 to 6 months with a Thai will, often 8 to 16 with no will and 12 to 24 with a foreign will (ThaiLawOnline, 1 October 2026).
- A foreign heir can keep an inherited condo within the 49% quota; otherwise the heir notifies the Land Department within 60 days and sells within a year (Condominium Act ss. 19/5 and 19/7; ThaiLawOnline, 1 October 2026).
- Inheritance tax applies only above THB 100 million received from one deceased person, and a spouse is exempt (Inheritance Tax Act B.E. 2558; ThaiLawOnline, 1 October 2026).
Do you need a Thai will as a foreigner?
Yes, if you own assets in Thailand. A Thai will for Thai assets plus a separate will for assets elsewhere is the usual structure. The Thai will lets you name the administrator in advance, so the court can appoint that person sooner. The timings below are market estimates, not statutory deadlines (ThaiLawOnline, 1 October 2026).
| Situation | What happens | Time to the court order |
|---|---|---|
| Thai will naming an administrator | The court appoints the person you named | 3 to 6 months |
| No will | Heirs follow the s. 1629 order and a spouse takes a share | Often 8 to 16 months |
| Foreign will only | Legalisation and a certified translation are needed | 12 to 24 months or more |
Thai law recognises five forms of will: ordinary, handwritten, public (made at a district office), secret and oral (Civil and Commercial Code ss. 1655 to 1663).
Can a foreigner inherit a condo, land or a lease?
A foreign heir can keep an inherited condo if the building stays within the 49% quota or the heir qualifies another way, such as permanent residence (per ThaiLawOnline; we have not checked the statute). Otherwise the heir notifies the Land Department within 60 days and sells within a year. Land needs Interior Minister permission, or the heir sells.
A condo can be inherited by law or under a will, and the building's quota matters as it does for a purchase (ThaiLawOnline; Samui For Sale). On the quota in a purchase: Buy a condo in Phuket.
| Asset | What happens with a foreign heir |
|---|---|
| Condo | Kept within the quota or on another qualification; otherwise notice within 60 days and sale within a year (Condominium Act ss. 19/5 and 19/7) |
| Land | Only with Interior Minister permission, otherwise sale within a year (Land Code s. 93) |
| Lease | Passes to heirs per one source and ends with the lessee per another, so name the heirs in the contract |
| Usufruct | Ends when the holder dies, and ownership consolidates in the owner |
How does probate work in Thailand?
Thailand has no document like an English grant of probate. The Probate Court issues an order that appoints 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 must attend the hearing (ThaiLawOnline, 1 October 2026).
After the order, about a month goes on the no-appeal certificate and several more months on transferring assets. Inheritance tax under the Act of B.E. 2558 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. Since 23 January 2025 same-sex spouses are statutory heirs (P&S Law; Alpha Legal).
UK and US 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 court order. A will made at home can be used, but the estimate for that route is 12 to 24 months or more. Foreign documents need legalisation and a certified Thai translation. Until 28 February 2027 that means the notary, foreign ministry and embassy chain; after it, an apostille replaces the embassy step for states that do not object (HCCH, 6 October 2026).
What we do
- We list your assets and heirs: condo, lease, usufruct, accounts and company shares.
- We draft a bilingual Thai will and align it with the will you made at home.
- We name the administrator and sign the will before two witnesses.
- We explain to your heirs what to do with a condo or land within 60 days and one year.
- After a death we represent the heirs in court: documents, translation and the administrator's attendance. A lawyer licensed by the Lawyers Council of Thailand runs the case.
The price and scope are on the service card.
