Thailand Inheritance Law: Intestate Succession Rules and Spouse's Rights

When a person dies in Thailand without a will, their property, bank accounts, and other assets are distributed according to intestate succession rules stipulated in the Thai Civil and Commercial Code. These rules dictate who inherits and how their share is determined. The statutory heirs are categorized into six classes. The first class consists of children (biological and adopted), followed by parents in the second class, siblings (full and half-blood) in the third, grandparents in the fourth, and finally aunts and uncles in the fifth class. As a general principle, if heirs in a higher class exist, heirs in lower classes are excluded from inheriting. For instance, if the deceased has children, parents or siblings will not inherit. The surviving spouse's inheritance share varies depending on the composition of the remaining relatives. If there are surviving children, the spouse generally receives a share equivalent to that of one child. However, if there are no children or the family structure differs, the spouse's share will adjust accordingly. It is important to note that the spouse does not automatically inherit the entire estate. In the inheritance process, property acquired during the marriage (sin somros) is first divided between the spouses. Only the portion attributable to the deceased then becomes part of the estate. Subsequently, the intestate succession rules are applied. For foreign heirs, additional procedures and verifications may be necessary, such as Thai property ownership restrictions, translated documents, and tax filings. In cases where there is no will, or the will only covers a portion of the assets, the remaining property is distributed according to intestate succession rules. Documents proving the heir's relationship (death certificates, marriage certificates, birth certificates, etc.) and the appointment of an estate administrator by the court may be required. For complex family relationships or asset structures, consulting a lawyer is recommended. Source: Chiang Rai Times