Property Education · Money, Tax & Estate

Thai wills & inheritance for foreigners: protect your condo, bank accounts & family — and why a Thai will matters.

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.

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By Kirby Scofield
Founder of BAANLYY · International real estate broker, investor & relocation specialist
Last updated 1 June 2026 · Last reviewed 1 July 2026

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The one-line version

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.

01

Why a foreigner needs a Thai will

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.

02

If you die without a will: intestacy & the statutory heirs

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.

03

Your condo when you die — the foreign-quota catch

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.

Plan condo succession deliberately

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.

04

Bank accounts, cars & other Thai assets

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.

05

Foreign will vs Thai will

Two workable approaches — the right one depends on your assets:

A separate Thai will (common for property owners)

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 revocation trap

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.

06

Probate: the estate administrator & the court

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.

07

What a simple Thai will costs & how to make one

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.

08

Spouses, prenups & the marriage angle

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.

09

A practical checklist

Do this
  • Make a Thai-language will covering your Thai-situated assets
  • Keep it consistent with your home-country will — neither revoking the other
  • Name a willing, capable estate administrator who is reachable in Thailand
  • List your condo, bank accounts and vehicles clearly, with documents
  • Decide who can actually hold an inherited condo under the foreign quota
  • Tell a trusted person where the will and asset records are kept
  • Review it after a marriage, divorce, birth or major purchase
10

Common mistakes

Don’t…
  • assume your foreign will covers Thai assets without delay — it must be translated, legalised and proven here
  • let a “revokes all previous wills” clause make two wills cancel each other
  • assume your spouse inherits everything — children and other heirs share, and a foreign spouse can’t inherit land
  • forget the one-year disposal rule for a foreign heir who can’t qualify to keep a condo
  • leave heirs unaware your Thai bank accounts exist — they stay frozen until a court appoints an administrator
  • skip naming an administrator, forcing relatives to petition the court first
  • treat this checklist as legal advice — estate rules are technical and applied case by case
11

Frequently asked

Do I need a Thai will if I have assets in Thailand?It is strongly advisable. If you own a condominium, hold money in a Thai bank account, own a car or motorbike, or have other property physically in Thailand, those assets are governed by Thai succession law when you die — regardless of your nationality or where you live. A clear Thai-language will covering only your Thai-situated assets lets the local probate court act faster, avoids the cost and delay of translating and legalising a foreign will, and reduces the risk of family disputes. Many foreigners keep a separate Thai will for Thai assets and their home-country will for everything else, drafted so the two do not accidentally revoke each other. This is general information, not legal advice — confirm your situation with a licensed Thai lawyer.
What happens to my Thai assets if I die without a will?You die 'intestate' and Thai law decides who inherits, using the statutory order of heirs in the Civil and Commercial Code rather than your wishes. Your estate is distributed among the surviving spouse and up to six classes of statutory heirs, in priority order, with the spouse always taking a share alongside whichever class inherits. There is no executor of your choosing — the court appoints an estate administrator, often after a family member petitions, which takes time and can become contentious if relatives disagree or live abroad. Bank accounts stay frozen until the court acts, and a foreign heir who inherits a condo may not be able to keep it. A will avoids most of this uncertainty. Confirm details with a Thai lawyer.
Who are the statutory heirs under Thai law?When there is no will, the Civil and Commercial Code recognises six classes of statutory heirs, in order of priority: (1) descendants — children and grandchildren; (2) parents; (3) brothers and sisters of full blood; (4) brothers and sisters of half blood; (5) grandparents; and (6) uncles and aunts. A surviving spouse is a statutory heir too and inherits alongside whichever class applies, with the size of the spouse's share depending on which class is present. Generally a higher class excludes a lower one — if you have children, your siblings normally inherit nothing. These rules are technical and the spousal fractions vary by situation, so get specific advice rather than relying on a summary.
What happens to my condo when I die — can my foreign heirs keep it?A condominium is one asset a foreigner can legally own outright, 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 (notably 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 a sale. A Thai heir, or a foreign heir who qualifies, can keep it. Because the quota and qualifying rules are strict, plan condo succession deliberately. See our guides on foreign condo ownership and Chanote title deeds, and take legal advice.
How are my Thai bank accounts released after death?Thai banks freeze a deceased person's accounts as soon as they are notified of the death. Funds are not released to relatives on request — the bank requires a court order appointing an estate administrator (executor), who then collects and distributes the balance according to the will or the statutory heir rules. This is the single biggest reason foreigners are advised to have a Thai will and to make sure someone trustworthy knows the accounts exist: without a named administrator, the family must petition the court first, which can take months. Keeping a clear record of your Thai accounts, and naming an administrator in a Thai will, makes the process far smoother. Confirm current bank and court procedure with a Thai lawyer.
Should I have a separate Thai will or one global will?Both approaches work, and the right one depends on your assets. A single 'worldwide' will can cover Thai assets, but to be used in a Thai probate court it normally must be translated into Thai, legalised, and proven — adding cost, delay and room for argument. Many foreigners with property in Thailand therefore keep a separate, short Thai-language will dealing only with their Thai-situated assets (condo, bank accounts, vehicles), alongside their home-country will for everything else. The crucial detail: each will must be drafted so it does not unintentionally revoke the other — a common mistake when wills contain a standard 'this revokes all previous wills' clause. Have both reviewed together by a lawyer familiar with cross-border estates.
Does my spouse automatically inherit everything?Not necessarily. A surviving spouse is a statutory heir and is also entitled to their own half of the marital (community) property first, but the rest of the estate is shared with whichever class of statutory heirs is present — most commonly the deceased's children. So a spouse with children does not take the whole estate by default under intestacy; the children share it. There are also the foreigner-specific complications: a foreign surviving spouse cannot inherit land, and a condo passes only subject to the foreign-quota rules. If you want your spouse to receive a particular asset or a larger share, say so in a valid will rather than relying on the default rules. This interacts with marital-property and divorce law — take advice.
How much does a Thai will cost and do I need a lawyer?A simple Thai will is inexpensive relative to what it protects — typically a modest fixed fee through a Thai law firm, far less than the cost and delay your heirs face without one. Thai law recognises several valid forms of will, including one made in writing and signed before two witnesses, so it does not have to be elaborate. You are not legally required to use a lawyer, but for a foreigner it is wise: a lawyer ensures the will meets Thai formalities, is in Thai (or properly bilingual), correctly identifies your Thai assets, names a suitable estate administrator, and does not clash with your home-country will. Treat it as basic admin for anyone settling in Thailand. Fees and formalities change, so confirm current details locally.
Keep going
Property EducationForeign Condo OwnershipThai Title DeedsOpening a Bank AccountTransfer Fees & TaxesDivorce in ThailandRetiring in ThailandVisa Knowledge Center

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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.

Sources & References

Sources & References

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.