Who
will get my property if I die without a will?
When
a person dies without having made a will, the whole
of his estate shall be distributed among his statutory
heirs according to the law. Under Thai law, there are
only six classes of statutory heir and each class is
entitled to inherit in the following order: descendants;
parents; brothers and sisters of full blood; brothers
and sisters of half blood; grandparents; and uncles
and aunts. The surviving spouse is also a statutory
heir under certain circumstances.
How
is property transferred at death?
Normally,
a probate order must be obtained from the Probate Court.
Property is transferred either by will or through intestate
succession, according to law. For both approaches, the
court must approve the legalities of the inheritance
and issue official orders appointing an executor or
administrator to handle the affairs of the estate.
What
does "Probate of an Estate" mean?
Probate
is the court supervised administration of your assets
after your death. Your "Probate Estate" comprises
all the property you owned at death, which does not
pass by trust or operation of law.
Why
is probate administration necessary?
Since
the deceased are not here to speak for themselves, the
law seeks to protect both the wishes of the deceased
and genuine heirs according to law. The Court will require
evidence before allowing the distribution of assets
of a deceased person’s property. Probate proceedings
are conducted under strict court supervision to safeguard
both the beneficiaries and the creditors of the estate.
What
are the basic requirements of a Last Will and Testament
in Thailand?
A
will in Thailand must meet very specific requirements
for it to be considered valid. There are three broad
classifications for valid wills, but persons are advised
to seek an attorney before completing Last Wills and
Testament as specific requirements vary. The Thai law
specifies three broad categories of valid wills:
(1) Wills made before public officials
(2) Holographic wills
(3) Validly witnessed wills
