Inheriting Real Estate in Thailand as a Foreigner

Inheriting Real Estate in Thailand as a Foreigner
When owning property in multiple countries, it's natural to wonder who will inherit it after your death and which country's laws will govern the inheritance process. In this article, we'll explain how property in Thailand is inherited.

CONTENT:

1. Which country’s laws apply when heirs register the property?
2. What if there is a will?
3. How to make a will in Thailand
4. What can be bequeathed in Thailand?
5. How to claim an inheritance in Thailand?

Which Country’s Laws Apply When Heirs Register the Property?

If a foreign national buys a house or an apartment in Thailand and later passes away, leaving close relatives in their home country, which country’s laws will apply to the inheritance?
In Thailand, the inheritance of real estate is governed by Thai law, regardless of the property owner's nationality. According to Thai inheritance laws, heirs are determined in the following order:

1. First-class heirs: children
2. Second-class heirs: parents
3. Third-class heirs: full-blood siblings
4. Fourth-class heirs: half-blood siblings
5. Fifth-class heirs: grandparents
6. Sixth-class heirs: uncles and aunts

A spouse has special inheritance rights:

• If there are first-class heirs, the spouse inherits equally with them.
• If there are second-class heirs, the spouse receives half of the inheritance.
• If heirs from the remaining classes exist, the spouse receives two-thirds of the inheritance.

In Thailand, only adults can inherit property. The age of majority is 20 years old. If the heir is under 20, a court-appointed guardian will manage the inheritance until they reach adulthood.

If the owner leaves no will, the relatives must prove their right to inherit. They will need to translate and certify documents like marriage, birth, or death certificates in Thai, and these documents must also be legalized in Thailand. Without a will, the inheritance process can become lengthy and complicated.

What If There Is a Will?
The process depends on where the will was created. Technically, a Thai court can recognize a will made in another country. However, heirs will need to navigate a complex procedure: the document must be translated into Thai, the translation certified, and the will authenticated by relevant government authorities. Once these steps are completed, the will is reviewed by the Thai court, which will make the final decision.

This can be a time-consuming process. To avoid complications, experts recommend that a will specifically for Thai real estate be made in Thailand.

How to Make a Will in Thailand

There are three ways to create a will in Thailand:

1. A written will, signed by the testator and two witnesses.
2. An oral will, where verbal intentions are transcribed by a district officer into a formal document.
3. A secret will, which is stored at the district office and only opened after the testator’s death.

The first option is the most secure. In this case, the will is prepared in triplicate: one copy stays with the testator, another with a law office, and the last with the executor, named in the will. Copies of the testator’s and heirs’ passports, along with real estate title deeds (chanots), are attached to the documents. Each page of the will must be signed. The executor, a trusted person responsible for carrying out the wishes after the testator’s death, is also named in the document.

The will should be in a language the testator understands and translated into Thai. It is often recommended to write the will in English since translating from English to Thai is more affordable than from other languages. A will written in Thai that the testator does not understand can be easily contested, making it a less secure option.

Preparing a will in Thailand costs around THB 7,000 (approximately $200). This upfront expense is likely cheaper than what the heirs would need to pay later for translations, certifications, travel, or legal fees for a prolonged court process.

What Can Be Bequeathed in Thailand?

In Thailand, the following assets can be inherited:

• Real estate (apartments, houses, villas)
• Company assets
• Condominiums
• Leasehold property (only if the long-term lease specifies the right of heirs to continue the lease)

How to Claim an Inheritance in Thailand

After the property owner’s death, a Thai court must decide whether the heirs are entitled to inherit the property. Only then can the heirs register the real estate in their name. Heirs do not need to be physically present at the trial, as Thai lawyers can represent them in court.