Reviewed by ThaiLawOnline, a licensed Thai law firm practising in Thailand since 2006. Thai lawyer of record: Wichuda Atthamethakon, LL.M., Thai Bar Licence 3149/2556.
Last updated on
Last reviewed: 27 September 2026. Sections 1418, 1533, 1625, 1629, 1630, 1635 and 1653 of the Civil and Commercial Code were read in our annotated Code, and sections 37 and 38 of the Act on Conflict of Laws B.E. 2481 in the Thai text. Processing times and the practice of banks and Land Offices are practice experience.
Many expatriates living in Thailand believe their spouse or children receive everything automatically after death. Thai law does not work this way. If you die without a Will in Thailand, Thai intestate succession rules apply. A Thai court decides who inherits, in what proportion, and when. The process often takes months and regularly creates delays, costs, and family disputes.
The intestacy order described here is set out in full in our guide to inheritance law in Thailand.
This article explains what will happen to your Thai assets if you die without a Will in Thailand. This is based on the Thai Civil and Commercial Code.
Table of Contents
Does Thai law apply if you are a foreigner
Partly, and the split matters. Under the Act on Conflict of Laws B.E. 2481, succession to immovable property, such as land or a condominium unit, follows the law of the place where the property is located, so Thai law governs a unit in Thailand whatever your nationality (section 37). Succession to movable property, such as bank accounts, a car or company shares, follows the law of your domicile at the time of death (section 38). If you live in Thailand, that is usually Thai law. If you are domiciled abroad, a Thai court applies your home country’s succession law to those assets, although the Thai court process is still needed to release them.
A foreign will does not automatically override Thai law. Without a Thai will that works in Thailand, heirs must go through Thai court proceedings.
Thai intestate succession rules explained
Thai intestate succession is governed mainly by Section 1629 of the Thai Civil and Commercial Code.
Thai law divides heirs into six classes. Only the closest surviving class inherits. Lower classes receive nothing if a higher class exists. There is one exception, in Section 1630 paragraph 2: where a descendant and a parent both survive, the parent still inherits, taking a share of the rank of a child.
The six classes of heirs
First class. Descendants. Children and grandchildren.
Second class. Parents.
Third class. Full blood brothers and sisters.
Fourth class. Half blood brothers and sisters.
Fifth class. Grandparents.
Sixth class. Uncles and aunts.
What about the legal spouse
A legal spouse always inherits. The spouse shares inheritance with the surviving class of heirs. This is where many foreigners misunderstand Thai law. Before anything is divided, the surviving spouse first takes their own half of the marital property (sin somros), exactly as on a divorce. Only the deceased’s half of the marital property, together with the deceased’s personal property, forms the estate that the rules below divide (sections 1625 and 1533).
If You Die Without a Will in Thailand
The same rules in text. Thai law recognises six classes of statutory heir, in this order: descendants; parents; full blood brothers and sisters; half blood brothers and sisters; grandparents; uncles and aunts. A surviving class excludes every class below it, subject to one exception in Section 1630 paragraph 2. The surviving spouse is a statutory heir as well, and the spouse’s share depends on which class survives.
| Who else survives | The spouse receives | Section |
|---|---|---|
| Descendants | The same share as one child | 1635(1) |
| Parents, where there are no descendants | One half | 1635(2) |
| Full blood brothers and sisters | One half | 1635(2) |
| Half blood siblings, grandparents, or uncles and aunts | Two thirds | 1635(3) |
| Nobody in any of the six classes | The whole estate | 1635(4) |
The trap most guides miss: where descendants survive and the parents are also alive, the parents inherit as well, each taking a share as though they were a child. This applies whether or not there is a surviving spouse. A widow who assumes the estate divides between herself and the children can find two more shares in the calculation.
None of this decides who administers the estate, and none of it moves a single baht until a Thai court appoints an estate administrator. See probate in Thailand. A Thai will replaces this entire chart with your own instructions.
How assets are divided without a will
Married with children
If you die married and have children, the spouse receives the same share as one child.
Example: Two children and one spouse. The estate is divided into three equal parts. The spouse receives one third. Each child receives one third. These fractions apply to the estate only: if everything the couple owned was marital property, the spouse first keeps half of it and then takes a third of the other half.
Married without children but parents alive
The spouse takes one half of the estate. The parents share the other half.
Example: one spouse and two parents. The spouse receives one half. Each parent receives one quarter. This is set by Section 1635(2) of the Civil and Commercial Code.
Married without children and parents deceased
The spouse inherits everything only where no other statutory heir survives at all. After the parents, Section 1635 still keeps four classes in play: full blood brothers and sisters, half blood brothers and sisters, grandparents, and uncles and aunts.
If full blood brothers or sisters survive, the spouse takes one half and they share the rest, under Section 1635(2). If the closest surviving class is instead half blood siblings, grandparents, or uncles and aunts, the spouse takes two thirds and that class shares the remaining third, under Section 1635(3). The spouse receives the whole estate only where none of the six classes has a surviving member, under Section 1635(4).
Not legally married
A partner without legal marriage registration has no inheritance rights under Thai law.
No matter how long you lived together, the partner receives nothing unless named in a will.
What happens to specific Thai assets
Condominiums
Condominium ownership does not transfer automatically. A Thai court must first appoint an estate administrator. Until then, the unit is frozen. Sale, transfer, or rental is blocked. Delays are common, especially when heirs live abroad.
Bank accounts
Thai banks freeze accounts as soon as they receive notice of death. Funds remain inaccessible until a court order appoints an administrator. This often creates financial pressure for surviving spouses.
Usufruct and lease rights
A usufruct always ends when its holder dies, whatever the document says (section 1418), so a usufruct you hold cannot pass to your heirs. A usufruct you granted over your own property survives your death and binds your heirs. Lease rights only pass to heirs if the contract allows it. Without a will, these rights often disappear.
Company shares
Company shares do not transfer automatically. Directors cannot update the share register without a court order. This creates serious operational risk for family businesses.
Court process without a will
Without a will, heirs must file a petition for estate administration with the Thai court.
Typical steps include identifying heirs, submitting documents and translations, attending hearings, obtaining a court appointment, collecting assets, and distributing the estate.
This process often takes six to twelve months. Disputes can extend it much longer.
Common mistakes foreigners make
- Believing a foreign will is enough
- Assuming the spouse inherits everything
- Ignoring Thai language and court requirements
- Leaving minor children without proper planning
- Failing to appoint an executor
These mistakes are avoidable.
Why a Thai will solves these problems
A Thai will lets you choose who gets your assets. It protects your spouse or partner. You can also appoint an executor. This type of will reduces court involvement. It speeds up the transfer of assets and helps control costs.
A properly drafted Thai will aligns with Thai law and court practice.
Why this matters in 2025
Thai courts continue to tighten document and translation requirements. Banks and land offices demand clearer probate orders. Estates without proper planning face longer delays and higher costs.
Preparing a Thai will now avoids these problems later and it can be done at low cost.
Key takeaway
If you die in Thailand without a will, the court decides who inherits your assets. Not you. Not your family.
A Thai will is one of the simplest and most effective ways to protect your assets and the people you care about in Thailand. ThaiLawOnline offers customized Wills done by registered Thai attorneys for only 3,900. Contact us by writing to info@thailawonline.com. For a more extensive text about Last Will in Thailand, click here.
Frequently Asked Questions
What happens if you die without a will in Thailand?
Your estate is distributed under Thai intestacy rules to statutory heirs in a fixed order of priority set by the Civil and Commercial Code.
Who inherits if there is no will in Thailand?
Thai law recognises six classes of statutory heirs, such as descendants, parents and siblings, together with the surviving spouse, who shares with them.
How is a surviving spouse treated under Thai intestacy?
The surviving spouse is a statutory heir and shares the estate with the other classes of heirs in the proportions set by law.
Can a foreigner’s assets in Thailand pass without a will?
Yes, but it can be slower and more complex. A Thai will covering Thai-based assets is strongly recommended to simplify probate.
Is probate required if there is no will in Thailand?
Yes. A court usually has to appoint an estate administrator before assets such as bank accounts and property can be transferred to the heirs.
You can avoid all of this. Nothing on this page applies if you leave a valid Thai will. A bilingual, lawyer-drafted will is a fixed 3,900 THB: see how to make a will in Thailand.
The cheapest way to avoid all of this: 250 baht
You do not need a lawyer to escape intestacy. You can make a public will at any amphur or Bangkok khet office. The Ministerial Regulation on the Making of Wills B.E. 2569 has been in force since 24 March 2026, replacing the 1960 rules, and it made this route easier: you can now use any office rather than only the one holding your house registration. The fee is 250 baht, up from 50, and a certified copy is 50 baht, up from 10. Bring two witnesses, who must be present and sign in front of the officer, and photo identification showing an identity number. Where there is reason to doubt that you are at least fifteen or of sound mind, the officer looks into it and records what was found in the register. The office keeps the registered will; you can collect it at any time on showing your receipt, and the office then keeps a certified copy.
The regulation changed procedure only. It did not change the intestacy rules set out above, so a will remains the only thing that displaces them. What 250 baht does not buy is drafting: the officer writes down what you say, and will not tell you that a foreign heir needs Land Code permission to keep land, or that a beneficiary who signs as a witness loses their own gift under Section 1653.
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