If you live, retire or own assets in Thailand, planning what happens to those assets when you die is one of the most important things you can do for the people you leave behind. Thai succession law is set out in the Civil and Commercial Code, and it applies to foreigners with property here — but the way it interacts with your home country's rules, your marriage and your visa status is where most expats get caught out.
Whether you have a condominium in Bangkok, a bank account in Phuket, a Thai spouse, or simply a long-term retirement life in Chiang Mai, what you own in Thailand will normally be dealt with under Thai law when you pass away. Rules and procedures change over time, so treat this as general background rather than advice on your own estate.
Which law applies to a foreigner's estate?
As a general rule, assets physically located in Thailand — land, a condo, vehicles, cash in a Thai bank — fall under Thai succession law, regardless of your nationality. Movable assets can be affected by the law of your domicile under Thailand's conflict-of-laws rules, which is one reason cross-border estates get complicated quickly. The practical takeaway is that you may need separate, coordinated planning in each country where you hold assets:
- A Thai will covering your Thailand-based property and accounts.
- A separate will in your home country (or other jurisdictions) for assets held there.
- Care to ensure the documents do not accidentally revoke or contradict each other.
A common and costly mistake is assuming a single will from back home will be enough. It may be valid in principle, but enforcing a foreign will through the Thai courts is usually slower and more expensive than presenting a properly drafted Thai will, so most advisers recommend having one tailored to your Thai assets.
What happens if you die without a will
If you die intestate — without a valid will — Thai law decides who inherits through a fixed order of statutory heirs. Your estate is distributed among defined classes of relatives, and a surviving spouse takes a share alongside them. Importantly, only a legally registered marriage counts; a long-term partner who never registered the marriage at the local district office is generally not a statutory heir, no matter how many years you were together.
This catches out many foreigners. Children, parents and siblings sit in the order of heirs, while unmarried partners, stepchildren and friends usually receive nothing under intestacy. The only reliable way to direct your assets to the people you actually choose — rather than the people the statute chooses — is to make a will.
Making a valid Thai will
Thai law recognises several forms of will. The most common and practical for foreigners is a straightforward written will signed in front of witnesses; the Code also allows a will made and recorded at the local district office, and other formal types. Whichever form you use, the formalities matter — a will that does not meet the legal requirements can be challenged or set aside, so getting the execution right is as important as the wording.
- Put it in writing and have it properly dated.
- Sign it in the presence of the required witnesses, who also sign.
- Choose witnesses who are not beneficiaries or the spouse of a beneficiary, as a beneficiary-witness can lose their gift.
- Name an executor (and ideally a backup) to administer the estate.
It is wise to prepare the will bilingually, in Thai and in a language you fully understand, so there is no doubt about your intentions and so the document can be used directly in the Thai courts. Keep the original somewhere safe and make sure your executor knows where to find it.
Foreigners, property and the condominium question
Thailand restricts foreign ownership of land, and this restriction shapes inheritance planning. A foreigner can own a condominium unit outright (subject to the building's foreign-ownership quota), and that unit can be left by will. Land is different: a foreigner generally cannot own land directly, so even where land passes to a foreign heir, that heir is typically required to dispose of it within a period set by law rather than keep it indefinitely.
This has real consequences for mixed Thai–foreign families and for foreigners who have structured a home around a Thai spouse's name or a company. If your living arrangements depend on land you do not legally own, a will alone may not protect your position — the structure itself needs to be reviewed. Inherited condos, bank accounts and vehicles are more straightforward, but each still has to pass through the proper transfer process.
Probate and administering the estate
In Thailand, an estate normally cannot simply be handed over on production of a will. Banks, the Land Office and other institutions generally require a court order appointing an estate administrator before they will release or transfer the deceased's assets. This means even a clear, valid will usually still goes through a court process, and your heirs will need to petition the court to have the executor or an administrator formally appointed.
That process takes time and involves paperwork — the will, death certificate, identity and relationship documents, and an asset inventory — much of which must be translated and legalised if it originates abroad. Disputes among heirs, or a missing or defective will, can extend matters considerably. For a foreign family unfamiliar with the Thai courts and operating across a language barrier, having a local lawyer manage the petition is usually what keeps the process moving.
Tax and timing
Thailand levies inheritance tax, but only on estates above a threshold set by law, and only on the portion exceeding it; transfers to a spouse are treated differently, and rates and thresholds are reviewed from time to time. Separate fees and taxes can also apply when property such as a condo is transferred at the Land Office. Because these figures and exemptions change, confirm the current position rather than relying on older guidance, and factor in that your home country may also tax the same estate — relief for double taxation is not automatic.
Getting it right
Thai succession law gives foreigners genuine freedom to plan their estate — but only if the will is valid in form, consistent with any foreign wills, alert to the land-ownership rules, and backed by a workable plan for probate. Because so much turns on your marriage status, your visa, where your assets sit and how your property is held, the safest step is to speak with a qualified Thai inheritance lawyer who can review your situation, draft documents that hold up in the Thai courts, and confirm the current rules before you decide how to plan. You can use Brisamo to find one.