Dipped below 800k for money in bank method

[bigt3116]

On 12/7/2024 at 10:33 AM, DrJack54 said:

Yes we are off topic however good opportunity to remind expats to have plans in place re probate.

Even more so if not married. 

 

Just to clarify, Thailand does not have probate, they have a process called 'estate administration' and they are nowhere near the same.

 

Also, don't forget a foreign will may have to be legalized and translated for the Thai court to take it into consideration.

 

🙂

[hotandsticky]

20 minutes ago, bigt3116 said:

 

Just to clarify, Thailand does not have probate, they have a process called 'estate administration' and they are nowhere near the same.

 

Also, don't forget a foreign will may have to be legalized and translated for the Thai court to take it into consideration.

 

🙂

 

 

It is similar enough to Probate that it almost smells and tastes like Probate:-

 

According to the Civil and Commercial Code of Thailand - the law that governs succession and estate administration - when a person passes away with or without a will and his/her heirs or an interested person wish to transfer, inherit or administer the estate of the decedent, that person must file a petition with the court requesting to be an estate administrator.

After being appointed by the court, the estate administrator must distribute the estate to the rightful heirs and/or any other interested person(s), e.g. any creditor(s). Aside from the heirs, any person the decedent designated in his/her will to be an estate administrator is able to petition the court. A public prosecutor can also file a petition if no one is able or willing to be an estate administrator.

As Thailand does not have a probate court that specifically deals with wills and estates, the petition appointing an estate administrator must be submitted to the court within the territorial jurisdiction of which the decedent is domiciled at the time of his/her death. If he/she is not domiciled within Thailand, any petition should be submitted to the court having the relevant territorial jurisdiction.

The following persons cannot be an estate administrator:

A minor (a person under the age of 20)

A person of unsound mind or adjudged quasi-incompetent

A person adjudged bankrupt by the court

Supporting documents that need to be submitted with the petition are usually the death certificate of the decedent, a relative list, birth certificates of the rightful heirs, a marriage certificate (if relevant), a list of assets, and proof of residence of the decedent at the time of his/her death.

The process of appointing an estate administrator is generally straightforward and usually takes around 3-4 months to complete. However, complications may arise if, after filing the petition to appoint an estate administrator, an interested person files a response attempting to prove that he/she would be a more suitable estate administrator if appointed.

This will render the case contested, meaning that it could potentially become costly and time consuming.

It should be noted that the process of appointing an estate administrator is not required if there is no impediment to acquiring the estate of the decedent. For example, if a bank allows an heir to withdraw a small amount of money deposited in the decedent's bank account (usually THB 50,000 or less), it is likely that a court order appointing an estate administrator will not be needed. However, if an heir or a beneficiary wishes to inherit a piece of land that belonged to the decedent, a court order will definitely be required when transferring the ownership of the land.

[TaoNow]

In 2011, my Thai wife died suddenly, and had no will.

 

I went through the process to become "Adminstrator of the Estate"  of my deceased wife, and that process was almost exactly as described by hotandsticky in the post above.

 

Just as an aside, what surprised me most was having my name added on to the 2 land deeds -- meaning that I (a foreigner) could sell the land (which I didn't have any intention of doing). 

 

However, strangely, the house which sits on the land could only be owned (and sold) by a Thai citizen.   Go figure.