Accessing Deceased Acct. Holder's Funds

[Thailaces]

Is there a convenient way that a family member can access funds from a deceased bank account holder? This account can not exist as a joint account. Should I suddenly succumb to an unfortunate demise, I would like for my son to be able to withdraw the balance over time with a minimal amount of fuss. Would a bank card suffice? Assuming a Will and probate, how long would that process take? Thanks in advance for any helpful advice. 

[KhaoHom]

No. Needs to go through probate. Your wife may be equally or more in line for the money as well. If that doesn't suit then create a will, but he'll probably have a fight with her anyway.

 

Trust him enough just to put the account in his name and you keep the ATM card?

[JimGant]

21 hours ago, Thailaces said:

Is there a convenient way that a family member can access funds from a deceased bank account holder? This account can not exist as a joint account. Should I suddenly succumb to an unfortunate demise, I would like for my son to be able to withdraw the balance

Make him a co-signatory. It won't be a joint account -- and his name will be invisible on the bank book (except under black light). This will allow him to go to the bank, with bank book, and withdraw what he wants (but can't close account). Also, gives him same rights under online banking. 

 

This works just fine, if he's sole beneficiary.  And, to make sure that's understood, prepare a Will -- in long hand without witnesses, if you want (but witnesses suggested). This will tell the authorities -- if it ever comes to that -- that no one else is entitled to your assets (assume you have no outstanding creditors?).

 

Functionally, this works just fine -- unless the bank discovers the death (but why would they -- no one is legally required to advise them of such death). I say this, 'cause "co-signatory" has been described as the same as "power of attorney," whereby such power ends at death. So, functionally he withdraws the money -- but legally, is he in trouble? Not if he's sole beneficiary, and this fact is in writing on the Will you'll make. 

 

Why? Who's the aggrieved party? No one. Even the bank has no legal problem here, as they're only required to freeze the account -- if they've become aware of the death. And, again -- unless you drop dead in their lobby -- they ain't gonna know. 

 

This discussion occurs on this forum very often. And with predictable results: My argument vs oh no! you must go through probate, with its, normally, 50k baht fee and multi month wait for any cash. Why in the world would you suggest such an avenue, if your beneficiary could get the money, with no hassle -- and with nobody ever the wiser?

[Thailaces]

Brilliant! Thanks for the comprehensive reply. 

[Lorry]

9 hours ago, JimGant said:

Make him a co-signatory. It won't be a joint account -- and his name will be invisible on the bank book (except under black light). This will allow him to go to the bank, with bank book, and withdraw what he wants (but can't close account). Also, gives him same rights under online banking. 

 

This works just fine, if he's sole beneficiary.  And, to make sure that's understood, prepare a Will -- in long hand without witnesses, if you want (but witnesses suggested). This will tell the authorities -- if it ever comes to that -- that no one else is entitled to your assets (assume you have no outstanding creditors?).

 

Functionally, this works just fine -- unless the bank discovers the death (but why would they -- no one is legally required to advise them of such death). I say this, 'cause "co-signatory" has been described as the same as "power of attorney," whereby such power ends at death. So, functionally he withdraws the money -- but legally, is he in trouble? Not if he's sole beneficiary, and this fact is in writing on the Will you'll make. 

 

Why? Who's the aggrieved party? No one. Even the bank has no legal problem here, as they're only required to freeze the account -- if they've become aware of the death. And, again -- unless you drop dead in their lobby -- they ain't gonna know. 

 

This discussion occurs on this forum very often. And with predictable results: My argument vs oh no! you must go through probate, with its, normally, 50k baht fee and multi month wait for any cash. Why in the world would you suggest such an avenue, if your beneficiary could get the money, with no hassle -- and with nobody ever the wiser?

Very good answer. 

 

Only problem: the will must make the son the only beneficiary for all assets.

All assets: you cannot easily give this account to your son, and your house to your mia noi.

Only beneficiary: in many countries,  some relatives may be entitled to a statutory share of your assets. 

In these cases,  I would still proceed like @JimGantsays, even it may be not legally 100% correct. 

[Liverpool Lou]

10 hours ago, JimGant said:

Make him a co-signatory. It won't be a joint account -- and his name will be invisible on the bank book (except under black light). This will allow him to go to the bank, with bank book, and withdraw what he wants

Not after his father's death it won't, not legally anyway.

[Liverpool Lou]

10 hours ago, JimGant said:

This works just fine, if he's sole beneficiary.  And, to make sure that's understood, prepare a Will -- in long hand without witnesses

No, it does not, legally; the will you suggest will not be valid if not witnessed.

[Liverpool Lou]

1 hour ago, Thailaces said:

Brilliant! Thanks for the comprehensive reply. 

Pity that none of that comprehensive reply was full of bad and illegal advice.

[CallumWK]

12 minutes ago, Liverpool Lou said:

1 hour ago, Thailaces said:

Brilliant! Thanks for the comprehensive reply. 

Pity that none of that comprehensive reply was full of bad and illegal advice.

 

Did @Thailaces even mention anything about bad or illegal advice?

No he didn't, he PRAISED the comment.

Something that can't be said about any of the 26.9K comments you ever made on this forum

 

[JimGant]

15 minutes ago, Liverpool Lou said:

10 hours ago, JimGant said:

This works just fine, if he's sole beneficiary.  And, to make sure that's understood, prepare a Will -- in long hand without witnesses

No, it does not, legally; the will you suggest will not be valid if not witnessed.

Which type of will is the simplest among all?

Holograph will is the simplest kind of will among the three forms of will in Thailand since you won’t be required to spend money on it. Moreover, unlike other forms of wills, a holograph can be hand-written and does not need to be typed. In addition to this, a holograph will not need to be signed by the witnesses.

 

No witnesses needed, if you just sit down at your desk and write out -- in long hand -- a Will that protects you, should your co-signatory gambit hit a snag. But, as I suggested, witnesses to your signing of your holographic Will would be, probably, easy to do -- and suggested. Typing it out, even better -- if you have the time. 

 

 

[CallumWK]

1 minute ago, JimGant said:

Which type of will is the simplest among all?

Holograph will is the simplest kind of will among the three forms of will in Thailand since you won’t be required to spend money on it. Moreover, unlike other forms of wills, a holograph can be hand-written and does not need to be typed. In addition to this, a holograph will not need to be signed by the witnesses.

 

No witnesses needed, if you just sit down at your desk and write out -- in long hand -- a Will that protects you, should your co-signatory gambit hit a snag. But, as I suggested, witnesses to your signing of your holographic Will would be, probably, easy to do -- and suggested. Typing it out, even better -- if you have the time. 

 

 

 

Oh my god, you don't want to say that our resident pedant know it all is wrong, as usual, do you?

That will not go down well with him.

[Thailaces]

The intention is to sign a legally-drafted, witnessed Will that leaves all assets solely to my son. Thanks again for the insightful comments.

[Lorry]

16 hours ago, JimGant said:

Typing it out, even better

In my country,  typing it out would make it invalid.

So, just in case, I prefer holograph.

[OJAS]

On 7/22/2025 at 11:47 PM, Liverpool Lou said:

Pity that none of that comprehensive reply was full of bad and illegal advice.

 

Meaning, of course, that all of said comprehensive reply was full of good and legal advice! 🤣

 

[Liverpool Lou]

3 hours ago, OJAS said:

On 7/22/2025 at 11:47 PM, Liverpool Lou said:

Pity that none of that comprehensive reply was full of bad and illegal advice.

 

Meaning, of course, that all of said comprehensive reply was full of good and legal advice! 🤣

Unfortunately not.

[lungbing]

OP, may I recommend that after your death your son gradually runs the account down by withdrawals, but does not empty the account.   If emptied the bank may want to see you about closing the account , which would be difficult!   Leave  a couple of hundred baht in.  The subsequent bank charges would  run down the (say) 200 baht until there's nothing left, and they will close the account as defunct.  Or perhaps I'm wrong, but that's what I've told my wife.

[hotandsticky]

On 7/22/2025 at 11:41 PM, Liverpool Lou said:

Not after his father's death it won't, not legally anyway.

 

 

...and do you have many examples of Thai banks suing such perpetrators - who are in fact the beneficiaries of the estate and probably sole executor.

 

Get practical and do what the Thais would do....they wouldn't waste 40/50k on probate .