If you own a condo, hold a Thai bank account, or own a car in Thailand, those assets are governed by Thai succession law when you die — whatever your nationality. This plain-English guide explains why a Thai will matters, what happens if you die without one (intestacy and the six classes of statutory heirs), how a condominium passes to a foreign heir under the 49% foreign quota (and the one-year rule to sell if the heir doesn’t qualify), how frozen bank accounts are released through the probate court, the role of the estate administrator, and what a simple Thai will costs. Unbiased, never paid placement.
Your Thai-situated assets (condo, bank accounts, car) are decided by Thai law when you die. Without a will, the statutory heir order applies, accounts stay frozen until a court appoints an administrator, and a foreign heir may have to sell an inherited condo within one year if they don’t qualify under the foreign quota. A short, properly drafted Thai will — kept alongside your home-country will so neither revokes the other — fixes most of this cheaply.
Anything you own that physically sits in Thailand — a condominium, the balance in a Thai bank account, a car or motorbike, furniture, even a leasehold interest — falls under Thai succession law on your death, no matter your nationality or where you normally live. A will written and proven abroad can be used in Thailand, but only after it is translated, legalised and recognised by a Thai court, which costs money and burns months. A short Thai-language will covering just your Thai assets lets the local court act quickly, names someone you trust to handle the estate, and heads off family disputes — especially valuable when heirs live overseas. Think of it as basic admin for anyone putting down roots here, alongside guides like retiring in Thailand.
Die without a valid will and you are intestate — Thai law, not your wishes, decides who inherits. The Civil and Commercial Code recognises six classes of statutory heirs, in priority order, with the surviving spouse inheriting alongside whichever class applies:
Generally a higher class excludes a lower one — if you have children, your siblings normally take nothing. The spouse’s share changes depending on which class is present. There is no executor of your choosing: the court appoints an estate administrator, usually after a relative petitions. It is slower, more rigid and more dispute-prone than dying with a clear will.
A condominium is the one form of real property a foreigner can own outright in Thailand — but inheriting one is not automatic for a foreign heir. Under the Condominium Act, a foreigner who acquires a unit by inheritance as a statutory heir must still qualify under the foreign-ownership rules, including the building’s 49% foreign quota and the usual qualifying conditions. If the heir does not qualify, the law generally requires the unit to be disposed of (sold) within one year of acquisition — after which the authorities can arrange the sale. A Thai heir, or a foreign heir who does qualify, can keep it.
Because the quota and qualifying conditions are strict, decide in advance who should inherit a unit and whether they can hold it. Background reading: foreign condo ownership & the 49% quota, Thai title deeds (Chanote), and transfer fees & taxes.
Thai banks freeze a deceased person’s accounts the moment they learn of the death. Funds are not handed to relatives on request — the bank needs a court order appointing an estate administrator, who then collects and distributes the balance per the will or the statutory rules. This is the single biggest reason to have a Thai will and to make sure someone you trust knows the accounts exist. The same court-administrator route governs transferring a car, motorbike or other titled assets. Keep a simple, current record of your Thai accounts and assets where your administrator can find it — see opening a Thai bank account.
Two workable approaches — the right one depends on your assets:
A short, Thai-language will covering only your Thai-situated assets — condo, bank accounts, vehicles. Fastest for the local probate court, cheapest to prove, and easiest for heirs. Pair it with your home-country will for everything else.
The classic mistake: each will contains a standard “this revokes all previous wills” clause, so the second one accidentally cancels the first. If you keep two wills, they must be drafted together so each is limited to its own jurisdiction. This is exactly where a lawyer earns their fee.
Even with a will, a Thai estate normally goes through the probate court, which formally appoints the estate administrator (executor) named in the will. Only once appointed can the administrator unfreeze bank accounts, transfer the condo, sell assets and distribute to the heirs. A clear will that names a willing, capable administrator makes this far smoother; with no will or no named administrator, a relative must petition the court first, adding delay and cost. The process typically takes several months and is more straightforward when the will is in Thai, the assets are clearly listed, and the administrator is in Thailand or easily reachable.
A simple Thai will is inexpensive relative to what it protects — usually a modest fixed fee through a Thai law firm, a fraction of the cost and delay your heirs face without one. Thai law recognises several valid forms, including a will made in writing and signed before two witnesses, so it need not be elaborate. You are not legally required to use a lawyer, but for a foreigner it is wise: a lawyer makes sure the will meets Thai formalities, is in Thai (or properly bilingual), correctly identifies your Thai assets, names a suitable administrator, and does not clash with your home-country will. Treat it as routine admin once you own anything here.
A surviving spouse is a statutory heir and first takes their own half of the marital (community) property — but the remainder is shared with whichever heir class is present, most often your children. So a married parent who dies intestate does not automatically leave everything to the spouse. Add the foreigner-specific limits — a foreign spouse cannot inherit land, and a condo passes only subject to the foreign quota — and the defaults may not match your intentions at all. If you want a particular asset or a larger share to go to your spouse, say so in a valid will. This dovetails with marital-property rules covered in divorce in Thailand and the marriage visa guide.
Protecting it starts with knowing how it’s held and how it passes on. Explore residences and areas built for putting down real roots here.
General information only — not legal, tax, immigration or financial advice. Thailand’s succession and inheritance law, the statutory-heir order and spousal shares under the Civil and Commercial Code, the formalities for a valid Thai will, condominium inheritance and the foreign-ownership quota and disposal rules under the Condominium Act, bank-account release, and the probate and estate-administrator process change over time and are applied case by case by individual Thai courts, banks, land offices and government authorities. Confirm current details with the relevant Thai court, bank or land office, your own embassy/consulate, or a licensed Thai lawyer specialising in wills, probate and property before relying on anything here. BAANLYY never takes paid placement.
Primary and official sources are cited above. Government rules, fees and procedures in Thailand change over time and vary by office; always confirm current requirements with the relevant authority before relying on them. BAANLYY never takes paid placement in editorial content.