Thailand is fast becoming a hub for digital assets. In 2021, around 3–4 million people in Thailand held cryptocurrency — about 4–6 percent of the population — according to early market estimates. By 2025, ownership has risen to roughly 13 million users, or about 18 percent of Thais, placing the country among Asia’s leading crypto-adoption markets.
Adoption continues to accelerate, supported by the Thai government’s five-year exemption on capital gains from digital-asset trading (2025–2029) and a regulatory framework that encourages responsible growth in the sector.
For expats, the implications are especially significant. Many foreign residents in Thailand already hold substantial cryptocurrency portfolios, often representing a significant share of their wealth. With crypto adoption in Thailand among the highest in Asia and boosted by the government’s new five-year tax exemption on crypto gains, even more expats are likely to add Bitcoin, Ethereum and other digital assets to their long-term investments.
Unlike a bank account or real estate, digital assets can disappear forever without proper planning. A forgotten password, misplaced seed phrase or missing access credentials can permanently lock heirs out. When this risk is combined with Thailand’s inheritance laws, tax rules and cross-border complications, the challenges for expatriates and their families can be profound.
This guide outlines what constitutes a digital asset under Thai law, the practical process of probate, the risks foreigners should be aware of, and, most importantly, the steps you can take now to safeguard your digital wealth and protect your loved ones.
What Digital Assets Can Expats Inherit in Thailand?
Digital assets today encompass far more than just cryptocurrency. Under Section 138 of the Civil and Commercial Code (CCC), all ‘movable property’ can be inherited, and this includes digital wealth.
For expats in Thailand, the most common categories are:
- Cryptocurrency and Tokens: Bitcoin, Ethereum, stablecoins and governance tokens, grouped by the Thai SEC as ‘crypto assets'.
- NFTs and Digital Collectables: Artwork, gaming items and other blockchain-based assets that can carry high market value.
- Exchange Wallets: Accounts with Thai platforms such as Bitkub 和 Orbix, or international ones like Binance and Coinbase.
- 在线财务账户: Services widely used by expats, including PayPal, Wise and e-commerce balances.
- Online Investment Platforms: Brokerage accounts with providers such as Interactive Brokers, or eToro. These are inheritable under Thai law as movable property, but cross-border probate and access procedures can cause significant delays if not clearly addressed in a Thai will.
- Cloud Storage and Email: Google Drive, Dropbox or iCloud, which may hold essential business or personal data.
- Social Media and Content Accounts: YouTube channels, Instagram or TikTok profiles, especially where these generate advertising or influencer income.
For expats, the takeaway is simple: if an asset has financial or reputational value, it should be treated as part of your estate plan in Thailand.
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Thai Inheritance Law for Crypto and Digital Assets (2026 Update)
- Movable property: Digital assets are treated as ‘movable property’ under Section 138 of the Civil and Commercial Code. This means they can be inherited in the same way as bank accounts or securities.
- Digital Asset Business Emergency Decree (2018): Sets the framework for regulating exchanges and custodians in Thailand.
- Royal Decree (No. 2) B.E. 2568 (2025): This amendment to the Digital Asset Business Emergency Decree (2018) extends Thai regulatory oversight to offshore digital asset platforms that serve Thai residents. For expats using international exchanges such as Binance or Coinbase, it means tighter compliance, localisation requirements, and closer scrutiny of cross-border holdings.
- Electronic wills: Not valid under the Electronic Transactions Act. Wills must still be written, signed and properly witnessed in Thailand.
- Probate enforcement: The Legal Execution Department (LED) has not yet issued formal guidance on cryptocurrency succession, though Thai authorities are monitoring international approaches. For now, Thai courts recognise only written wills supported by complete documentation when digital assets are involved.
The law is evolving, but one rule is clear: there are no shortcuts. Digital assets must be included in a traditional will and processed through probate like any other property.
How Probate Works for Crypto and Digital Assets in Thailand
The probate process for digital assets is often complicated and slow.
- Thai exchanges such as Bitkub freeze accounts until the court issues a probate order.
- Overseas exchanges such as Binance or Coinbase require Thai probate documents that are apostilled under the Hague Convention. Preparing and legalising these papers can take many months.
- Private wallets are even more challenging. Without the seed phrase or private key, the assets cannot be accessed. Courts have no power to recover them.
One recent case involved an expat heir who waited more than 18 months to gain access to a Binance account. Cross-border documentation requirements and slow recognition by the overseas exchange caused the delays. Without careful succession planning, heirs may be left powerless.
Key Risks for Expats Inheriting Crypto and Online Accounts
Loss of Access to Crypto Wallets and Passwords
Private keys, seed phrases, and passwords are the only ways to unlock crypto wallets. If these are lost or never shared, the assets will be permanently lost. Courts cannot compel access, and no recovery tools exist. Many heirs have already lost significant wealth because they had no means to access their accounts.
How to Reduce the Risk: Keep an updated inventory of your digital assets and recovery phrases. Store them securely — for example in sealed physical copies, encrypted storage, or via a trusted digital executor. Consider splitting seed phrases so no one person can misuse them before your death.
Inheritance Tax on Digital Assets in Thailand
Digital assets are included in the value of your estate . Inheritance tax applies when an individual heir receives more than THB 100 million from one deceased person. Spouses are exempt. Children and parents pay 5 percent on amounts above the threshold, and other heirs pay 10 percent.
If you are classed as domiciled in Thailand, Thai inheritance tax can apply to worldwide assets. If not, only Thai-situs assets are counted.
How to Reduce the Risk: If your estate could exceed the threshold, consider succession planning early. Options include restructuring assets, diversifying into forms that reduce volatility, or using life insurance to provide liquidity so heirs are not forced to sell. Cross-border tax planning is also important to avoid being taxed both in Thailand and in your home country.
Volatility of Cryptocurrency Values at Time of Death
Heirs inherit the crypto itself, not just its cash value. If you hold 100 BTC, your heirs will receive 100 BTC. However, for inheritance tax purposes, the estate is valued based on the market price of the assets on the date of death.
Calculation of the value of assets shall be based on the price or value receivable on the date of receipt of such assets
This can create significant problems for large portfolios:
- If BTC is worth 1.2 million THB on the date of death, the estate value for 100 BTC is 120 million THB. That crosses the 100 million THB threshold, so inheritance tax is due.
- If the price later drops to 800,000 THB per BTC before the heirs sell, they may need to liquidate at a loss just to cover the tax liability.
- On the other hand, if BTC appreciates after death, heirs pay tax based on the lower value at death but keep the upside.
How to Reduce the Risk: Reduce exposure to volatility by diversifying holdings or converting part of your portfolio into stablecoins. Include clear instructions in your will on how digital assets should be liquidated or managed. Life insurance can also cover unexpected tax liabilities caused by price swings.
Cyber Security Risks During Probate Delays
Probate can take months, especially if overseas exchanges are involved. During this period, accounts may be vulnerable to hacking, phishing, or insider misuse if not properly secured.
How to Reduce the Risk: Use robust security measures such as multi-signature wallets and two-factor authentication. Limit who has access to credentials and ensure heirs know how to secure accounts quickly once probate begins.
Cross-Border Conflicts Between Thai and Foreign Wills
Many expats already have a will in their home country, but Thai courts apply local law to assets in Thailand. If a foreign will revokes or contradicts a Thai will, it can cause delays, disputes, and even block heirs from receiving digital assets.
How to Reduce the Risk: Make a Thai will specifically for assets located in Thailand, and ensure it is drafted so it does not revoke or conflict with your overseas will. Coordinating the two avoids confusion and ensures both can operate smoothly.
How Expats Can Protect Crypto and Digital Assets in Thailand
Digital assets require a different level of planning from traditional wealth. For expats in Thailand, the goal is to make sure your heirs know what you hold, how to access it, and how to deal with it under Thai law.
Make a Thai Will that Includes Digital Assets
A Thai will should clearly list your digital assets alongside other property. It must meet local formalities (signed, dated, and witnessed correctly) to be valid. Without this, your heirs may face long delays or even lose access entirely. A separate Thai will ensures that your local assets are handled smoothly without conflicting with wills made overseas.
We can help – learn more about our Thai will writing service.
Create a Secure Digital Inventory
List all wallets, exchange accounts, cloud storage and online financial accounts. Keep the record updated and stored securely, for example using encryption or a trusted lawyer’s safe custody. This avoids the common problem of heirs knowing wealth exists but not being able to locate or access it.
Appoint a Digital Executor
Traditional executors may not understand private keys or multi-factor authentication. Appointing a trusted person — ideally named in your will — as a ‘digital executor’ ensures someone has both the legal authority and the technical know-how to manage your digital accounts and assets.
Use Legal and Technical Structures
Multi-signature wallets, escrow services, or custodians with clear inheritance policies provide extra protection. These tools prevent any single person from having sole control and can make the transfer of assets to heirs more secure and transparent.
Be Realistic About Technology Limits
Electronic wills and blockchain-based smart contracts are not recognised under Thai law. At present, only traditional written wills are valid. However, Thailand is experimenting with new technology: the Bank of Thailand’s Programmable Payment Sandbox allows blockchain-linked transfers to be tested, and this could pave the way for succession tools in the future. For now, though, paper wills remain essential.
Inheritance Tax on Crypto and Digital Assets in Thailand
Threshold for Tax
Thailand imposes inheritance tax on estates worth more than For most expats, this threshold is only reached if they have substantial property or business holdings alongside their crypto holdings. But as digital portfolios grow in value, more estates will fall within the tax net.
Tax Rates by Heir
The rate depends on who inherits:
- 5% for direct heirs such as spouses and children
- 10% for all other heirs, such as siblings or unrelated beneficiaries
This means that even within the same family, the tax burden can differ depending on who receives the assets.
Valuation of Digital Assets for Inheritance Tax
How Valuation Works
Digital assets are valued at their market price on . This can create complications if crypto prices spike or drop sharply in the days around that time. Heirs inherit the assets themselves, but the taxable value is fixed based on the official valuation date, not when they eventually sell.
Importance of Record-Keeping
For inheritance tax, digital assets are valued at their not at their original purchase cost. However, heirs should still maintain clear records of wallets, trades and acquisition costs.
These records matter for two reasons: first, to defend the declared valuation if questioned by the Revenue Department, and second, to establish the correct cost basis for any future sale of inherited assets. Without proper documentation, heirs may face disputes, higher assessed values, or unexpected personal income tax when liquidating the assets.
New Capital Gains Exemption (2025–2029)
来自 2025 年 1 月 1 日至 2029 年 12 月 31 日, heirs who sell inherited crypto through licensed Thai exchanges, brokers or dealers can benefit from the government’s five-year capital gains tax exemption. This does not eliminate inheritance tax, but it allows heirs to liquidate assets without incurring additional personal income tax on the gains. For many expat families, this policy could significantly reduce the overall cost of turning inherited crypto into cash. Read more about the exemption here.
Inheriting Online Accounts, Cloud Data and Digital Businesses
Cryptocurrency is only part of the digital inheritance picture. Email and cloud accounts often act as the master keys to reset other services, and losing them can mean losing access to entire estates. Online businesses and content platforms can also represent valuable intellectual property that heirs need to preserve.
Protecting Email and Cloud Accounts
Email accounts like Gmail or Outlook, and cloud storage such as Google Drive, iCloud or Dropbox, often hold sensitive documents and serve as the recovery method for resetting passwords across other platforms. Without access, heirs may be permanently locked out. Services like Google’s Inactive Account Manager 或 Apple’s Legacy Contact allow you to nominate trusted people who can access your data if something happens.
Passing on Online Businesses
If you run a monetised YouTube channel, Shopify store, or other online business, these are not just accounts — they are inheritable intellectual property under Thai copyright law. Listing them in your will ensures they are treated as assets, rather than being overlooked or abandoned. Proper planning also prevents disruptions to income streams that rely on regular management.
Secure Storage of Access Details
Passwords, seed phrases, and two-factor authentication backups should be stored securely, ideally in encrypted form, with clear instructions in your will. Without this, even a court order may not be enough for heirs to recover accounts. Appointing a digital executor who understands how to handle these systems can make all the difference.
Protecting Your Digital Assets and Crypto Legacy in Thailand
Digital assets are no longer niche. For many expats in Thailand they represent a core part of personal wealth — from Bitcoin and Ethereum to online businesses, content channels, and cloud accounts.
Without planning, however, these assets can vanish instantly. Passwords and private keys die with the owner, and probate for digital assets is slow, cross-border, and complex. Thai law recognises them as inheritable property, but the reality is that heirs may face months of delays, unexpected tax, and permanent losses if nothing is put in place.
Planning is not optional. It is the only way to protect your family and ensure your digital wealth is preserved for the people you choose. With the right structures — a valid Thai will, a secure digital inventory, and a clear plan for tax — your crypto and online assets can be passed on safely.
Talk to our team today about how to include crypto and digital assets in your Thai estate plan. One call now can save your family months of uncertainty and protect the wealth you’ve worked hard to build.
常见问题
crypto inheritance
Heirs living abroad often need apostilled Thai probate documents under the Hague Convention to unlock accounts with foreign exchanges like Binance or Coinbase. This can take months and add costs. Having both Thai legal support and advisers in the heir’s home country makes the process smoother.
Disputes are on the rise, especially when digital assets are undocumented or poorly planned for. Without clear instructions, probate can stall for years while courts and families attempt to locate or value holdings. A properly drafted Thai will that includes digital assets helps prevent these disputes.
No. Double tax agreements (DTAs) cover income tax but do not extend to inheritance tax. Expats with assets in multiple countries should plan carefully to avoid exposure to tax in more than one jurisdiction.
Not always. Thai courts will apply Thai law to assets located in Thailand, and a foreign will may not satisfy Thai formalities. If your wills in different jurisdictions conflict, it can trigger delays and legal battles. The best practice is to have a Thai will that covers Thai-situs assets and does not revoke or contradict your overseas will.
Heirs who sell their inherited crypto via licensed Thai exchanges between 2025 and 2029 may be exempt from paying personal income tax on gains from those sales. This does not reduce inheritance tax owed at death, but it allows heirs to convert crypto to cash without paying additional tax.
If no one knows your private key or seed phrase, the assets are lost forever. Courts cannot force access to a blockchain wallet without the correct credentials. Secure, encrypted records and a designated digital executor are essential to avoid permanent loss.
No. Under Thai law, electronic wills and smart contracts are not currently recognised. Wills must be written, signed and properly witnessed. Until Thai law changes, your crypto and digital assets must be included in a traditional Thai will to be valid in court.
They inherit the crypto itself — the actual coins or tokens. However, inheritance tax is calculated on the market price at the date of death, regardless of the original purchase cost. Heirs may keep the assets, but the taxable value is fixed on that date.
