Court Appointment, Legal Duties and Liability Under Thai Succession Law

1. Introduction

Under Thai law, an inheritance administrator (estate administrator) must be appointed by court order before managing or distributing estate assets.

Even if named in a will, no authority arises until the court confirms the appointment.

This article supports our Private Client Legal Advisory Framework and should be read together with:

➡ See Inheritance rights in Thailand

Where a will exists:

➡ Making a last will in Thailand

2. Court Appointment Requirement

Under Sections 1711 and following of the Civil and Commercial Code (CCC):

• Appointment must be made by the Court
• Rights and duties begin from the date of court order
• Resignation requires court approval

Without court appointment:

• Banks will not release funds
• Land Department will not register transfers
• Shares cannot be legally transferred

Court appointment is therefore mandatory.

3. Preparation of Estate Inventory

The administrator must:

• Begin inventory preparation within 15 days of knowledge of appointment
• Complete inventory within one month (unless extended by court)

The inventory must be prepared:

• In the presence of at least two interested witnesses
• In compliance with Section 1728–1729 CCC

Failure to prepare proper inventory may result in removal.

The inventory establishes:

• Scope of estate
• Asset valuation
• Debt exposure
• Tax assessment basis

This step is foundational.

4. Management Duties

The administrator must:

• Notify interested heirs
• Preserve estate assets
• Settle debts
• Manage property prudently
• Maintain accounting records

Management and distribution should generally be completed within one year from commencement of inventory unless otherwise ordered.

Where multiple administrators are appointed:

• Decisions are by majority
• Deadlock may require court intervention

The administrator acts as fiduciary of the estate.

5. Remuneration

An administrator is not automatically entitled to compensation.

Remuneration is allowed only if:

• Provided in the will
• Approved by majority of heirs
• Ordered by court

Professional administrators may negotiate fee structure in advance.

6. Personal Liability and Removal

An administrator may be removed by court if:

• Inventory not prepared
• Inventory defective
• Serious negligence
• Dishonesty
• Incapacity

An interested party may file claim within 5 years from completion of estate administration.

Improper conduct may result in personal liability.

This is not merely procedural responsibility — it carries legal risk.

7. Strategic Considerations for Foreign Estates

For estates involving:

• Thai real estate
• Company shareholding
• Cross-border beneficiaries
• Inheritance tax exposure

Administrator selection becomes strategic.

The administrator controls:

• Asset transfers
• Corporate control
• Debt settlements
• Tax filings

➡ See Inheritance tax in Thailand

In high-value estates, professional appointment may reduce family conflict.

8. Probate Timeline in Practice

In practice:

• Court appointment may take several months
• Banking access remains frozen
• Property cannot be transferred
• Corporate operations may stall

Advance estate planning reduces disruption.

9. Conclusion

An inheritance administrator in Thailand operates under court supervision and statutory duty.

The role carries:

• Legal responsibility
• Fiduciary obligation
• Personal liability risk

Appointment should not be accepted lightly.

Where estate assets are substantial or cross-border, structured legal guidance is advisable.