Inheritance Administrator

Duties of An Inheritance Administrator

This article gives you essential information about duties of an inheritance administrator under the law of Thailand (Civil and Commercial Code, the ‘CCC’). It isn’t only guides you what to do when you are the administrator but also helps you to make a decision before accepting to be or not to be an administrator. 

Keep these facts in mind; first, an inheritance administrator shall be appointed by the Court order only. It included the persons appointed by the last will and testament; second, all rights and duties of an administrator begin from the date of such order. Also, if the administrator wants to resign, he/she must provide the Court a reasonable cause for the permission (Section 1711, 1716 and 1727 paragraph 2 of the CCC).  

Prepared of An Inventory

An administrator must begin making an inventory of the estate within 15 days from the date of the death of the de cujus (the deceased) if, at such time, the administrator has knowledge of his appointment under the last will and testament OR  from the date of his/her knowledge of appointment by the Court order OR  from the date of his acceptance of administratorship in any other case. (Section 1728 of CCC)

An administrator must have the inventory finished within one month from the time prescribed above; but this period of time may be extended by permission of the Court. Importantly, the inventory shall be made in the presence of at least two witnesses who are interested parties in the estate AND if such witnesses cannot be witnesses at the time of making of the last will and testament then he/she cannot be witnesses for this inventory (Section 1729 of CCC). 

Management and Distribution

An administrator shall seek for the interested person and notify them within a reasonable time then perform his duties and complete the account of management and distribution within 1 year from the beginning date of making the inventory, unless the period of time is otherwise fixed by the testator or a majority of the heirs or by the Court (Section 1725 and 1732 of CCC). 

If there are more than one administrator, the performance of their duties shall be decided by a majority, unless otherwise provided by the last will and testament. In case of a tie of vote, the decision shall be given by the Court  (Section 1726 of CCC). 

Remuneration

An administrator of an estate is not entitled to receive remuneration unless permitted by the last will and testament or by the majority of the heirs (Section 1721 of CCC).

Discharge

Before the completion of the distribution of the estate, the administrator may be discharged for reason of neglect of his duties or any other reasonable cause included no inventory is made within due time, the inventory is found unsatisfactory by the Court,  on the grounds of a serious careless, dishonesty or obvious incapability, the administrator may be discharged by the Court. (Section 1727 and 1731 of CCC).

In conclusion, an administrator has to abide by the duties perfectly. If not, he/she could be filed by an interested person, in which the prescription is 5 years from the date of completion of management and distribution. 

Article by;
Akenarin Thongplod Thai Barrister at Law