How long does probate take here?

[Lacessit]

Like quite a few others, I have provided for my Thai GF in my will. One Thai will, one Australian will, both saying the same thing.

Let's say I have the obligatory 800K in a bank account, plus other funds in a different account for living expenses and self-insurance of a black swan medical event. How long will it take my Thai GF to get her hands on the money after I cark it, what obstacles might she encounter, and how can I expedite the process? She is named as the executor of my Thai will.

I'm concerned the funds she is rightfully entitled to may be tied up by Thai bureaucracy.

[bkk6060]

Good thing you have a will.

I have been told around 6 months, give or take.

[Odysseus123]

24 minutes ago, Lacessit said:

Like quite a few others

Are you okay?

[UbonThani]

Easy fix - move $ to her account now.

 

Unless you dont trust her. If you dont trust her she shouldnt be in the will.

 

 

[Odysseus123]

1 minute ago, UbonThani said:

Easy fix - move $ to her account now.

 

Unless you dont trust her. If you dont trust her she shouldnt be in the will.

 

 

Utter nonsense.

[UbonThani]

3 minutes ago, Odysseus123 said:

Utter nonsense.

How so???????

 

Common sense

[UbonThani]

Why would you make her wait 6 months? Either you trust her or you dont.

 

Common sense not very common sadly.

[Odysseus123]

4 minutes ago, UbonThani said:

How so???????

 

Common sense

It should have stopped you.

 

You are off your head.

 

But..rather then pursue a self evident line of reasoning I would prefer to know whether the poster (we have had some clashes in the past) is okay..as he is getting on in years and not in the best of physical health..

[UbonThani]

1 minute ago, Odysseus123 said:

It should have stopped you.

 

You are off your head,

Your posts make no sense. Obviously a bargirl deal for you.

[Lacessit]

22 minutes ago, Odysseus123 said:

Are you okay?

I'm OK, I like to plan ahead. Thanks.

[UbonThani]

Well he could use net banking if in hospital. At least move some if a few weeks off carking it. Some people drop dead in 1 hour though. The other option is give her your passwords. Up to you. Depends if this is some fling or more.

[sanuk711]

Allow her to have signing rights on the 800K account  (not name ---because of Immigration) also the PIN number of your card for that account. that should tie her over until she has waded Thai through paper mountain--to access all the accounts you left her.

 

I have everything (most things) in wife's name---but we are both pensioners now, lots of history, so I appreciate that might not be a comfortable situation with all couples.

[Odysseus123]

21 minutes ago, UbonThani said:

Your posts make no sense. Obviously a bargirl deal for you.

They make a great deal of sense, thank you.

 

Bar girl deal.huh?Well that's senselessness...

 

The poster has responded,is an intelligent man, and no doubt will get on doing whatever he is doing.

 

I made it a Golden Rule in Thailand to NEVER listen to another expat-under any circumstances whatsoever.

[sanemax]

33 minutes ago, UbonThani said:

Easy fix - move $ to her account now.

 

Unless you dont trust her. If you dont trust her she shouldnt be in the will.

 

 

Lacessit : Does your girlfriend live in Udon thani ?

[surangw]

as long as the lawyers think they  can drag it out and keep the money coming in 

 

[Puccini]

53 minutes ago, surangw said:

as long as the lawyers think they  can drag it out and keep the money coming in 

 

Is the involvement of a lawyer necessary when an executor is named in the will?

[Langsuan Man]

8 hours ago, Puccini said:

Is the involvement of a lawyer necessary when an executor is named in the will?

Yes

[Lacessit]

12 hours ago, UbonThani said:

Well he could use net banking if in hospital. At least move some if a few weeks off carking it. Some people drop dead in 1 hour though. The other option is give her your passwords. Up to you. Depends if this is some fling or more.

Seven years is a fairly long fling.

[Lacessit]

12 hours ago, sanemax said:

Lacessit : Does your girlfriend live in Udon thani ?

No

[rumak]

16 hours ago, Odysseus123 said:

I made it a Golden Rule in Thailand to NEVER listen to another expat-under any circumstances whatsoever.

 not even Rumak ?    lol

[scorecard]

Also, by the Commercial Code of Thailand, the will must be given to the court and checks completed, then there's a period of time (by law) which must pass before any action to grant probate by the court can occur, to allow time for other people to lodge any objections to the will.

 

E.g. one person holding a will dated 1 Jan 2020 and this is the will presented to the court for probate, but in fact there's another more recent will completed 2 Jan 2020 all properly completed but held by a different person.

 

Clearly the more recent will totally overrides / totally cancels any earlier will. I think (repeat think) the waiting period is 90 days but this needs checking. 

 

About 12 months ago I made a new will here in LOS, and my adult Thai son also, the well experienced Thai lawyer mentioned the above.

 

My understanding is that the law on this subject is the same in 99% / maybe 100% of countries worldwide (but of course the actual waiting time may be different). 

 

 

[Lacessit]

1 hour ago, rumak said:

 not even Rumak ?    lol

I listen when you post photos of gorgeous chicks.

[justin case]

18 hours ago, sanuk711 said:

Allow her to have signing rights on the 800K account  (not name ---because of Immigration) also the PIN number of your card for that account.

don't somebody have to report to your bank you are dead, aka, account frozen ?

 

pin number, good idea ... and one day, you break up or have to go to immigration and you find out you have 0 baht on the account left

[rumak]

31 minutes ago, Lacessit said:

I listen when you post photos of gorgeous chicks.

the one that drove you crazy i can't find anymore !   she was so hot i guess the hard drive just

got too hard  and  shattered.  

 

back on topic.   i always thought pro bait  was referring to the professionals that could steal

a man's heart in two weeks or less.    

[sanuk711]

1 hour ago, justin case said:

don't somebody have to report to your bank you are dead, aka, account frozen ?

 

pin number, good idea ... and one day, you break up or have to go to immigration and you find out you have 0 baht on the account left

No your under no obligation to report to a bank. The account can sit there with 100 baht in it until they close it for inactivity. Also it is her account (or will be re the will) Re the PIN number That is the card to the same bank account ---the OP states that he has other accounts but just wants her to have money until she can sort those accounts out.

.

if you feel that you  are the sort of relationship....where you may wake up one morning and all your clothes are gone-------then this solution isn't for you..........

[PaoloR]

I recently went through this process of probate in Phuket.

 

1. You need a lawyer

2. Death certificate, will, plus any other documents (bank book chanotes etc.)

3. Appear in court before a judge who will verify everything and ask lots of questions; then grant interim probate if he/she is satisfied.

4. Wait for statuary period for full probate to be granted - this can vary, I was told, but in my case was 1 month.

 

I did not inform the bank or any legal body in Thailand and continued to draw funds on behalf of the will's beneficiary during this period.

 

In total 6 weeks start to finish.

 

I am told that having the will witnessed by and lodged with a lawyer helps speed the process.

 

PM me if you wish to have the contact details of the efficient and honest lawyer I used in Phuket (it took me a long time and some bad experiences before I found him!)

[Lacessit]

1 hour ago, PaoloR said:

I recently went through this process of probate in Phuket.

 

1. You need a lawyer

2. Death certificate, will, plus any other documents (bank book chanotes etc.)

3. Appear in court before a judge who will verify everything and ask lots of questions; then grant interim probate if he/she is satisfied.

4. Wait for statuary period for full probate to be granted - this can vary, I was told, but in my case was 1 month.

 

I did not inform the bank or any legal body in Thailand and continued to draw funds on behalf of the will's beneficiary during this period.

 

In total 6 weeks start to finish.

 

I am told that having the will witnessed by and lodged with a lawyer helps speed the process.

 

PM me if you wish to have the contact details of the efficient and honest lawyer I used in Phuket (it took me a long time and some bad experiences before I found him!)

The will has been witnessed by my GF's lawyer, translated into English as well. About 5000 baht if I remember correctly. We're in the Chiang Rai area. Thanks for your input.

[GreasyFingers]

9 hours ago, Lacessit said:

Seven years is a fairly long fling.

Missed your latest post so no problems. (A beneficiary cannot witness the will, I am told.)

[alacrity]

If the will is registered with a Thai notary a few days.

 

Otherwise expect up to 3 months and beyond. Depends on when a hearing can be scheduled.

[saengd]

5 hours ago, justin case said:

don't somebody have to report to your bank you are dead, aka, account frozen ?

 

pin number, good idea ... and one day, you break up or have to go to immigration and you find out you have 0 baht on the account left

When you open an account the Terms and Conditions require you to notify the bank if an account holder dies. If a joint account holder drains the account when the other account holder has died that is illegal. The bank is required to abide by the ruling of the Probate Court alone, the bank will not know if a will that is presented to them is the latest will or if taxes are owed by the deceased.

 

My understanding is that the Probate Court requires 90 days, I also understand banks can take a further 90 days before final settlement is made.