Thailand Probate Proceedings and Inheritance

What risks are involved when a family member dies in Thailand?

According to Thai law, relatives of the deceased should be contacted by the attorney involved in the probate case. However, this does not always occur in practice, therefore it is important for a person who has a relative in Thailand who has passed away to immediately contact a probate attorney in Thailand that is knowledgeable on Thai probate procedures. There is a very short statute of limitation in which to file an objection to an existing estate case. It is important for the foreign relative to issue an objection to any existing proceedings or to file his or her own action for probate as soon as possible because there are often interested parties in Thailand also seeking the assets of the estate.

How will we protect the existing estate of our relative that has passed away in Thailand from having his assets seized without due process of law?

In general a petition in probate needs to be filed as soon as possible and the institutions, banks, private and governmental agencies involved need to be notified that a probate action is pending and that all assets are protected until the conclusion of the probate proceedings.

What do I do with a Thai relative who is not willing to reveal information about the existing estate case to me? I am residing outside of Thailand.

A Thailand probate attorney needs to be retained as soon as possible to investigate whether a probate case has been filed. If a probate case has been filed, an objection needs to be lodged. Further the assets need to be investigated and determined. There is a risk that the assets will vaporize if immediate action is not taken.

I am not sure if there was a last will written by my relative that has died in Thailand. Can I still inherit?

Relatives of a deceased person have statutory rights to receive his or her assets pursuant to the Thai probate process even in the absence of a last will and testament. However the degree to which they inherit or whether they have any right to inheritance under Thai law is dependent on the degree to which they are related to the deceased.