Can probate be carried out -without the need of a lawyer?

[Henryford]

Unless i die suddenly i intend to transfer as much as possible of assets/money to my wife around age 80. Then when i die there should only be a limited amount of cash in the bank which she can withdraw immediately. Even the 800k visa money i will switch to the 65k a month.

[prakhonchai nick]

22 minutes ago, Henryford said:

Unless i die suddenly i intend to transfer as much as possible of assets/money to my wife around age 80. Then when i die there should only be a limited amount of cash in the bank which she can withdraw immediately. Even the 800k visa money i will switch to the 65k a month.

Fine, unless your wife should die before you.  Make sure you tie up all loose ends before you make the transfer. Wives sons and  daughters and sons in law can have a devastating effect on what you thought would happen!

[scorecard]

17 hours ago, brianthainess said:

I presume you mean in Thailand. The family court does the probate in your province, I don't know the 'Fee' but I doubt it is much as in all Amphur fees. If you are concerned I would ask there.  

 

But be sure you're getting the correct answers. Amphur staff often enough make up responses on the spot.

[brianthainess]

20 minutes ago, scorecard said:

 

But be sure you're getting the correct answers. Amphur staff often enough make up responses on the spot.

The Family Court is at the Main Amphur in your Province Aka Town Hall , They have always given me correct answers, you should not generalize.  

[DaLa]

2 hours ago, digbeth said:

I've seen case where the prosecutor office (must be where they have the equivalent of legal aid) help Thai family get estate executor appointed without need for lawyer, they just need a few fee like for the advertisement on court paper of the court date, and on the date they just read out the case in court, no body turns up to contest and it's done. the wait was long like 6-8months though 

This is correct. If you approach a legal company they will obviously guide you towards believing they are the only acceptable avenue towards completing the necessary documentation.

 

However this is from a respected law firm here in LoS:

 

https://www.siam-legal.com/legal_services/probate-and-succession-thailand.php

and

https://www.siam-legal.com/legal_services/probate-and-estate-administration.php

 

‘Aside from the heirs, any person the decedent designated in his/her will to be an estate administrator is able to petition the court.’

 

[scorecard]

1 hour ago, brianthainess said:

The Family Court is at the Main Amphur in your Province Aka Town Hall , They have always given me correct answers, you should not generalize.  

 

That's good.

 

I can assure you I've seen / been well aware of local amphur office giving wrong answers to questions about wills and other items.

[brianthainess]

3 hours ago, Moonlover said:

 

With a standard Krungsri debit card, limits are 30,000 THB per transaction and up to 100,000 THB per day. (the account holder can choose one of five limits up to that amount)

 

Other banks will vary I'm sure.

100% Correct I stopped at 100k (that was at a hospital before I even spoke to the doctor, I knew my friend had already passed) payed his hospital bill, police 5k to transport him to BKK 43k to get him returned for cremation, 20k for that with 20 people attending,  then months later took out what was left, except for 200b. I destroyed the card after that.

[tandor]

5 hours ago, brianthainess said:

I know for a fact it's not frozen for at least 5 months if at all, I don't think any officials tell the bank. I had my dead friends ATM card and Pin num. ( I used to take his money out every month as he had lost the use of all muscle) His family in NZ told me I could keep his money and anything left over, as we had done all the cremation and all the other expenses that went along with that, Illegal maybe, but ...it was not a fortune around 110k all up. The bank still have not been informed of his death, nearly 2 yrs later.

thought as much, thanks bt

[Captor]

4 hours ago, Denim said:

 

Perfect solution to the ATM getting gobbled issue

 

4 hours ago, Denim said:

 

Perfect solution to the ATM getting gobbled issue

 

5 hours ago, Moonlover said:

Teach the good lady how to make cardless withdrawals. Problem solved. I've also taught my wife to use the Krungsri mobile app so she can transfer the money to her account.

 

How can you do cardless withdrawals? Is the smart phone involved in that?

[Moonlover]

7 minutes ago, Captor said:

5 hours ago, Moonlover said:

Teach the good lady how to make cardless withdrawals. Problem solved. I've also taught my wife to use the Krungsri mobile app so she can transfer the money to her account.

 

7 minutes ago, Captor said:

 

 

How can you do cardless withdrawals? Is the smart phone involved in that?

Yes you have to have the mobile app and it can only be done through the bank's own ATMs. 

[Captor]

Just now, Moonlover said:

 

Yes you have to have the mobile app and it can only be done through the bank's own ATMs. 

I see, thanks! Good to know! I normally avoid the mobile apps for security reason. But good to know about this option.

[dlclark97]

Some time ago there was a news article saying that in some provinces as long as the executor is named in the Will, he/she could probate the Will without having to go to the courts for permission.  They unfortunately did not name the provinces.  Would like to hear more on this is anyone has something helpful to add.

[john donson]

On 1/30/2024 at 6:00 AM, prakhonchai nick said:

Normally the bank freezes the account when they have been advised of the death. No hurry for anyone to advise the bank -in fact probably not even necessary. Most widows (with the permission of their late husband before his death) will have access to his ATM cards and PIN numbers and will (illegally) drain most accounts. Fixed deposit accounts do not have ATM cards, nor can they be operated online!

 

but fixed deposits could go back to the original current/savings account if asked and then could be drained

[prakhonchai nick]

On 1/31/2024 at 8:04 PM, john donson said:

 

but fixed deposits could go back to the original current/savings account if asked and then could be drained

Thats a maybe, but the request must surely be made by the account holder, who, in the context of this thread, is dead!