Court Appointment Procedure, Evidence Requirements and Timeline

1. Introduction

Under Thai law, inheritance and succession require court involvement.

Unlike some jurisdictions where probate may be handled administratively, Thailand requires a court order to appoint an estate administrator before assets can be transferred.

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

➡ Inheritance rights in Thailand

For administrator duties:

➡ See Inheritance administrator in Thailand

2. Who May Apply for Probate?

Under Section 1713 of the Civil and Commercial Code (CCC), the following may apply to the Court:

• A statutory heir
• A beneficiary under a will
• An interested person
• The public prosecutor

Thailand does not have a separate probate office. Only the Court may issue the appointment order.

3. Which Court Has Jurisdiction?

Jurisdiction lies with:

The Court of the deceased’s domicile at the time of death.

If the deceased had principal residence in Phuket, the Phuket Court has jurisdiction.

In case of multiple residences, one competent court may be selected.

4. Appointment of Estate Administrator

Even where a will names an executor, court confirmation is mandatory.

The administrator must:

• Be at least 20 years old
• Be of sound mind
• Not be bankrupt

The Court may appoint:

• A sole administrator
• Joint administrators
• A person nominated in the will
• A person agreed by heirs

If dispute arises, contentious procedure applies.

5. Required Documentation

Typical documents include:

• Death certificate
• Family tree
• Marriage/divorce certificates
• List of heirs
• Consent letters from heirs (where applicable)
• Copy of will (if any)
• Asset list
• Identification of proposed administrator

All documents must be translated into Thai for court submission.

The Court will verify that:

• No heir objects
• No competing claim exists
• Administrator appointment is appropriate

Incomplete documentation may delay proceedings.

6. Court Hearing and Testimony

If uncontested:

• One heir or nominated administrator appears as witness
• Court verifies facts
• Order is issued after review

If contested:

• Civil procedure rules apply
• Hearings become adversarial
• Timeline may extend significantly

7. Timeline

In standard uncontested cases:

• Filing to testimony: several weeks
• Court order issued approximately 1 month after testimony
• Total process typically 3–4 months

In contested cases, duration depends on complexity.

After appointment:

The administrator must prepare inventory and manage estate under statutory duties.

8. Effect of Court Order

Only after court order:

• Banks release funds
• Land transfers can be registered
• Company shares may be transferred
• Assets may be lawfully distributed

Without court order, heirs have no legal authority to act.

9. Practical Considerations for Foreign Estates

Where the deceased was foreign:

• Conflict of law principles may apply
• Translation and authentication may be required
• Foreign wills must be validated

For estates involving Thai real estate or company shares, probate is unavoidable.

Advance planning significantly reduces procedural delay.

10. Conclusion

Probate in Thailand is court-driven and procedural.

Even uncontested estates require formal judicial appointment of an administrator.

Foreign asset holders should understand that:

• Succession is not automatic
• Administrative shortcuts do not exist
• Documentation preparation is critical

Structured estate planning — including proper will drafting and administrator nomination — significantly reduces risk and delay.