Thai Spouse vs. Foreign Heirs – Rights Explained

Thai Spouse vs. Foreign Heirs – Rights Explained

Inheritance Law in Thailand for Foreigners

When a foreigner passes away in Thailand, their assets—such as property, bank

accounts, or vehicles—are subject to Thai inheritance law. Without a clear plan,

families may face complicated court processes or disputes between heirs.

1. Who Inherits under Thai Law Without a Will?

If a foreigner dies intestate (without a will):

• The Thai Civil and Commercial Code determines heirs.

• Priority goes to: spouse, children, parents, siblings, half-siblings, and other

relatives.

• If no legal heirs are found, assets may revert to the Thai state.

2. Thai Spouse vs. Foreign Heirs – Rights & Challenges

• A Thai spouse is legally recognized and inherits alongside children.

• Foreign heirs abroad may claim assets, but they must go through Thai

courts.• Conflicts can arise if property or funds are in Thailand but heirs are

overseas.

3. Court Process for Probate & Administrator Appointment

• The estate must go through probate court in Thailand.

• The court appoints an executor (administrator) to manage debts and

distribute assets.

• This process can take months, especially if heirs are in different countries.

4. Cross-Border Inheritance Issues

• Wills made abroad may not automatically apply to Thai assets.

• Banks and land offices require Thai court orders before releasing assets.

• To avoid delays, many foreigners prepare a separate Thai will specifically

for assets in Thailand.

Conclusion: Importance of Estate Planning Early

Inheritance in Thailand can be smooth if properly planned.

✔ Prepare a bilingual Thai will for assets in Thailand

✔ Appoint an executor familiar with Thai law

✔ Update estate plans after marriage, divorce, or property purchases

At Wendy Legal & Advisory, we assist foreigners with will drafting, probate, and

inheritance planning to ensure assets are passed on as intended.