What Happens If You Die Without A Will In Thailand?

Where there is no will, Thai assets pass under the statutory intestacy rules in the Civil and Commercial Code. A surviving spouse and children share the estate in defined proportions. Where there are no children, parents and other statutory heirs may inherit in a set order of priority.

The rules are clear, but they are fixed. They do not take account of your preferences, of stepchildren, of a partner to whom you are not married, or of friends or charities you may have wished to benefit. The distribution follows the statute, not your intentions.

Without a will, there is no executor. The court must appoint an administrator, which requires a petition, notice to the statutory heirs, and a hearing. Only then can the administrator gather and distribute the estate. The process takes longer than probate of a will and costs more in court and professional time.

For an international estate, the delay compounds. A foreign administrator may have to be recognised in Thailand, or a Thai administrator appointed to deal with the Thai assets separately. Each step adds months.

If you die without a will and hold assets in Thailand and abroad, two intestacy regimes may apply to the same estate, and they may distribute differently. A spouse who inherits under one country's rules may not inherit the same share under Thai rules, which can lead to disputes between heirs across countries.

A will removes the ambiguity. By stating who inherits what, and coordinating between jurisdictions, a will lets one clear plan replace two competing statutes. The cost of a will is a fraction of the cost of resolving an intestate international estate.

If you hold assets in Thailand, put a Thai will in place, and coordinate it with any foreign will. If you hold assets only in Thailand, a single Thai will is enough. If you have minor children, name a guardian in the same instrument.

Review the will when your circumstances change: a marriage, a divorce, a new child, a property purchase, or a move between countries. A will that is out of date can be as unhelpful as no will at all. We review existing wills and bring them up to date with the current position.