In Thailand, if I die without a will, their estate is distributed according to the intestate succession laws outlined in Section 1629 of the Civil and Commercial Code, which prioritizes close relatives in a hierarchical order of statutory heirs.

This process, while ensuring a systematic division of assets, requires engaging a lawyer and obtaining a probate order from a Thai Probate Court, making it a potentially lengthy and costly affair.

Succession Laws: Wills and Intestate Succession

Succession, the legal process of transferring property and estate after death, can proceed via two main routes: testamentary succession (through a will) and intestate succession (without a will).

When a person dies with a will, their property is distributed according to their specified wishes. Conversely, if someone dies without a will, their estate is allocated according to the intestate succession laws prescribed by the jurisdiction in which they resided.

Each state or country has distinct regulations that determine how an estate is handled in the absence of a will, often prioritizing close family members such as spouses, children, parents, and siblings in varying orders of precedence.

Understanding Succession in Thailand. The Legal Framework of Intestate Succession

Under Section 1629 of the Civil and Commercial Code of Thailand, there are six classes of statutory heirs designated for intestate succession. Thai law specifies that if a surviving heir exists within a higher class, heirs from lower classes are not entitled to inherit. For instance, if there are multiple heirs within the same class, they must share the estate equally.

This ensures a systematic and fair distribution of assets, maintaining order in the absence of a will.

Role of the Surviving Spouse in Intestate Succession

In Thailand, the surviving spouse is considered a statutory heir, but their share of the estate depends on the presence of other heirs. If the deceased is survived by children, the spouse shares the estate equally with the children.

For example, if the deceased has two children, the estate is divided into three equal parts among the spouse and the children.

The Procedure for Intestate Succession in Thailand Initiating the Intestate Process

The intestate succession process in Thailand requires the engagement of a lawyer to initiate proceedings. The legal process involves obtaining a probate order from a Thai Probate Court.

The applicant must demonstrate their status as a statutory heir to receive such an order, which legally identifies and confirms the rightful heirs to the deceased’s estate.

Court Involvement and Estate Distribution

Following the court’s determination of heirs, the estate’s distribution must also receive court approval. This probate administration serves to protect the deceased’s property until it can be equitably distributed among the heirs, ensuring fairness and adherence to legal standards.

Conclusion and Recommendations

A common oversight among property and estate owners is the failure to prepare a will. Lacking a will necessitates following the intestate succession process, which can be both costly and time-consuming. This often leads to complications and disputes among potential heirs.

To avoid such challenges, it is advisable for individuals to consider estate planning and drafting a will, particularly in jurisdictions like Thailand where intestate succession involves intricate legal proceedings.

By taking proactive steps to manage their estate, individuals can ensure a smoother transition of their assets to their chosen heirs, reflecting their wishes and minimizing potential conflicts.

ThaiWills.com

ThaiWills.com has revolutionized the will-writing process in Thailand since its inception in 2021. By replacing traditional, costly legal services with a sophisticated online platform, ThaiWills.com offers a convenient, affordable, and accessible way to craft wills, ensuring your assets are handled as you wish after your passing.

The service offers bilingual support in English and Thai, ensuring that wills are not only legally sound but also meet the specific needs of both local and international clients.

With a commitment to high-quality customer service and a dedication to cost-effective solutions, ThaiWills.com stands out as a leader in modern legal services in Thailand.

This article is not intended to serve as legal advice and cannot be relied upon as legal advice. All references to Thai law should be verified by your qualified legal advisor.