When someone dies in Thailand without a valid will, their estate does not automatically pass to their spouse or family. Instead, Thai intestacy law applies and the court determines who inherits and in what proportions.
For overseas families, this often comes as a shock. Assets are frozen, decisions cannot be made without court authority and the process can feel slow and unfamiliar. This guide explains how intestacy works in Thailand, who inherits, what happens to assets and how families abroad can manage the process correctly.
Why Dying Without a Will Creates Problems in Thailand
Thai law follows a strict statutory inheritance system. There is no discretion for personal wishes, informal agreements or perceived fairness.
Without a will:
- The court must identify the legal heirs
- An estate administrator must be appointed
- Assets remain frozen until probate is complete
- Distribution follows the Civil and Commercial Code rather than family expectations
Unmarried partners have no inheritance rights. Children from previous relationships may inherit unexpectedly. Overseas families often face delays simply because documents are missing or misunderstood.
When there is no valid will, Thai law applies strict intestacy rules that leave little room for personal wishes. A properly drafted Thai will allows expats to override these defaults, clearly appoint decision-makers and ensure assets are distributed as intended.
Why Intestacy Creates Avoidable Risk for Expats
Intestacy is not just a legal process, it is the result of missing or incomplete planning. For expats with assets in Thailand, relying on default inheritance rules often leads to delays, frozen assets and outcomes that do not reflect personal wishes. Proper succession planning allows you to control who inherits, appoint the right people to act and significantly reduce the burden placed on family members overseas.
How Thai Intestacy Law Works
If there is no will, the estate is divided according to the Civil and Commercial Code. Heirs are grouped into six classes. A higher class always excludes all lower classes.
A surviving spouse inherits alongside certain classes of heirs and may receive the whole estate only if no statutory heirs exist.
Before inheritance is calculated, marital property rules apply. Assets acquired during marriage are first divided, with half belonging to the surviving spouse. Only the deceased’s share then forms part of the estate.
How the Spouse Inherits Under Thai Law
A surviving spouse does not automatically inherit everything.
- With children, the spouse receives one share equal to the combined share of all children
- With parents, the spouse receives one-half of the estate, and the parents share the remaining half equally.
- With siblings, the spouse receives one half of the estate, and the siblings share the remaining half.
- With no statutory heirs, the spouse inherits the entire estate
This structure often surprises families who expect the spouse to inherit by default.
Example Scenario: Spouse and Two Children
If a man dies without a will, leaving a spouse and two children:
- Marital property is divided first in accordance with Thai law
- The remaining estate is divided into three equal shares
- The spouse receives one share
- Each child receives one share
The spouse therefore receives 25% and the children together receive 50%. This example highlights why intestacy outcomes do not always match expectations.
What the Probate Court Does in an Intestacy Case
The Thai probate court must:
- Confirm the death
- Verify family relationships
- Identify the correct heirs
- Appoint an estate administrator to manage the estate
- Authorise asset collection and distribution
No bank, land office or company registrar will release assets until the court order is issued.
What Happens to Assets Without a Will
Bank Accounts
Accounts are frozen as soon as the death is known. Funds cannot be accessed without a court order appointing an estate administrator. Some banks may release very small balances, but this varies and should not be relied upon.
Property
Foreign heirs cannot own land in Thailand. Condominiums may be inherited if foreign ownership limits allow. Land must usually be sold within a period set by the authorities, commonly one year. Mortgages and outstanding fees must be settled before transfer.
Businesses
Company shares form part of the estate. Heirs cannot exercise shareholder rights until an administrator is appointed. Company operations can be disrupted if the deceased was a director or sole signatory.
How Long Does Probate Take Without a Will
Probate without a will generally takes longer than probate where a valid will exists. In straightforward cases, the process typically takes between four and eight months from the initial filing to the release of assets.
In Bangkok and other major urban centres, court backlogs in 2025 have added an additional one to two months in many cases. Where documents are incomplete, heirs are disputed or assets are complex, the process can extend beyond a year.
Early preparation of documents and the use of a representative in Thailand can help reduce delays, but intestacy cases are rarely fast.
Will Vs No Will in Thailand
The table below shows the clear advantages of having a will in Thailand
This is why succession planning is particularly important for expats with Thai assets.
If you do not yet have a will, you may find our guide to Thai succession planning helpful.
How Overseas Families Can Manage an Intestacy Case
Families abroad do not need to travel to Thailand. A properly drafted Power of Attorney allows a representative to:
- File probate applications
- Attend court hearings
- Communicate with banks and authorities
- Collect and transfer estate assets once a final court order has been issued
Correct document preparation and legalisation of documents is essential to avoid unnecessary delays.
A Practical Guide for Heirs
If you are dealing with an inheritance where there is no will, our detailed step by step guide explains how to claim Thai assets and navigate probate correctly.
Key Takeaways
- Without a will, Thai intestacy law applies strictly
- Spouses do not automatically inherit everything
- Assets remain frozen until probate is complete
- Overseas families can manage the process remotely with the right support
- Succession planning avoids most of these problems
If You Need Help
Managing an intestacy case in Thailand can be overwhelming, especially from overseas. With the right guidance, the process can be handled correctly and without unnecessary delay. If you need assistance, please get in touch with our team who will be happy to help.
