Inheritance in Thailand: 6 months to file a claim, and why you need a will in Thai

After the owner of a unit in Thailand dies, relatives have 6 months to claim the inheritance. If nobody comes forward, a forfeiture procedure runs for the next 6 months, and after about a year the unit passes to the state. A will drawn up by a Thai lawyer cuts the process to a single court hearing.

How much time do heirs have?

Six months to file an inheritance claim. The forfeiture procedure then takes another half a year: about a year in total from the owner's death.

The state is under no duty to look for heirs. The contract contains the buyer's phone number — and nothing else. If the family does not know about the unit, there is nobody to claim it.

Why do units pass to the state?

Because the relatives did not know about them. A practitioner with 12 years in Thailand spoke of buyers from Bahrain, Kuwait, the Emirates and Saudi Arabia whose units were forfeited in exactly this way.

Another case from the session: a son learned of his father's unit in Pattaya only when the father ended up in hospital and phoned him himself. Until then nobody in the family knew of the purchase.

How does a will work?

A freehold unit can be left by will. The system resembles the one in the Emirates: the heir does not acquire the right automatically but applies to the court with the will.

• the will is drawn up by a Thai lawyer, in Thai;
• the court considers it in a single hearing;
• after the ruling the documents are re-registered to the heir at the land department.

What if there is no will?

The inheritance can still be obtained, but it takes longer and costs more. You need to gather documents proving kinship in your own country, translate them and prove to the court that there are no other claimants.

That easily uses up those same six months. So the advice is simple: the will is drawn up straight after the unit is registered.

What if the property is leased rather than owned?

A land lease is inherited too, but only if the agreement says so and names the heir. They receive the remainder of the term, not a new 30 years.

More in our piece on the five clauses of a lease agreement.

What an owner should do now

• tell the family the unit's address and the name of the building;
• hand over copies of the contract and the title deed;
• have a will drawn up by a Thai lawyer;
• leave the contact details of the building's management company.

Frequently asked questions

By when must an inheritance be claimed in Thailand?

Within 6 months. After that the forfeiture procedure begins, and it takes about another half a year.

Is a will made in another country valid in Thailand?

A separate will drawn up by a Thai lawyer in Thai is more reliable: the court considers it in a single hearing, with no translation or validation of foreign documents.

Can a freehold unit be inherited?

Yes. A condominium unit registered to a foreigner belongs to them indefinitely, with the right to sell, mortgage and bequeath it.