How long does it take to probate a will in Thailand

[elgordo38]

As a responsible person I am trying to plan for what happens to my g/f after I pass on. How long till the will is probated and the money is in her hands. I am hearing stories of queues and backups in the system here. Its a case of doing more with less the same as the rest of the world government processes. Please share any and all events where you have personal knowledge. Construction answers only please.

Edited January 29, 2016 by elgordo38

[JohnC]

I had to wait six months to appear in court and get granted probate.

[ballbreaker]

I do not remember how many days after wife's death I waited to get will processed by court but all was completed 3 and a half months from death. I think it will depend on how busy court is in your area.

[CharlieH]

I would think there is no general time for process as there are too many varying factors in each individual case.

Example:

the "Will" is clear and concise, legitimate, legal

What has been stipulated

Who is involved (Executor/descendants etc)

Circumstances of Death.

Processing Office (busy?)

Court for that District. (Busy?)

Not Contested.

and probably other aspects too.

[elgordo38]

I would think there is no general time for process as there are too many varying factors in each individual case.

Example:

the "Will" is clear and concise, legitimate, legal

What has been stipulated

Who is involved (Executor/descendants etc)

Circumstances of Death.

Processing Office (busy?)

Court for that District. (Busy?)

Not Contested.

and probably other aspects too.

Thanks Charlie some variables to consider.

[gamini]

Everthing in my wifes name so no probate and no problem. But if she dies first then there will be the usual red tape.

[prk888]

we should all try to be as responsible at the OP is, irrespective of age. Back home (wherever that is) there are typically processes and procedures established.

My father died at 89 in UK while I was in Thailand. Probate took 18 days - yes 18 days - as we had fully documented everything he and the UK system required. Life was made easier for me as Executor.

We should try to do the same here if at all possible. I have (I think) but I don't expect it will be that simple here regardless.

[bazza40]

You could put stuff such as vehicles in her name. Some liquidity while she is waiting would also be helpful.

[Acharn]

When my wife died in October 2013 she had no will. No probate. I think this is usual for most Thais. It's probably different if you own assets, especially real estate, but when we had a problem reclaiming the auto registration from the firm she had borrowed money from I got the impression it would be a lengthy and expensive process. We went to the appropriate court and were told we had to get signed agreements from every surviving relative, including cousins, plus death certificates for her parents. As it happened a higher level manager at the finance company ruled that we only needed to give them a copy of her death certificate, ID card, and house registration to claim the registration booklet. Eventually all taken care of without probate. All I can tell you for sure is that you need a lawyer to handle it for you. A lawyer can bypass most of the rigamarole, but is going to charge. If you're preparing for a future event I'd recommend going to see a lawyer now, both to draw up the will and to explain to you and your wife what will need to be done when the time comes.

[JimGant]

what happens to my g/f after I pass on. How long till the will is probated

The question of probate processing time, and even probate requirement (see all threads on Amphur Wills) has much discussion on this forum. But the much greater problem is when the Thai half of the relationship dies first. And then the matter of chanotes, and other official paper, being Willed to a farang partner -- thus needing official stamps and seals to progress.

But for a farang Will -- what do you have that needs to go through a bureaucratic process? Yes, maybe a car or motorbike title. But, if you're just worried about bank accounts, again, much discussion on this forum about: just have her have knowledge of how to access this (these) account(s). Joint accounts even better (but by several reports, not completely fullproof). What's the worst that could happen, should she drain your account(s) before your death is reported (should any official care)? Not much, if your Will says, "I leave all, including bank acounts X,Y,Z, to Dang." Now, several ex-wives in Thailand that may contest this -- you're on your own here.

[jacky54]

I must get around to it but the mrs refuses to do one, seems to think it invites death or something like that. House and car in her name so it's just cash in the bank from my side. What would happen to our house if she died first with her having no will?

Edited January 29, 2016 by jacky54

[jacko45k]

I would think there is no general time for process as there are too many varying factors in each individual case.

Example:

the "Will" is clear and concise, legitimate, legal

What has been stipulated

Who is involved (Executor/descendants etc)

Circumstances of Death.

Processing Office (busy?)

Court for that District. (Busy?)

Not Contested.

and probably other aspects too.

Thanks Charlie some variables to consider.

I realise it is not the question you asked, but it seems wise to have some facility in place to ensure your partner has finances to get through the time and cover the expenses probate will require. Keep in mind that accounts may get frozen in the interim. A joint account with a regular deposit is an option, or a large amount that hopefully he/she will not touch until such a time. The latter would be useful if one became incapacitated too.

[jacko45k]

I must get around to it but the mrs refuses to do one, seems to think it invites death or something like that. House and car in her name so it's just cash in the bank from my side. What would happen to our house if she died first with her having no will?

Well if you are legitimately married it should go to you, but get legal advice on that, you may find family at the door.

If land is involved you can only hold it for a limited period.

Even transferring the vehicle is a consideration. No reason why a vehicle could not be in your name....

[JimGant]

I must get around to it but the mrs refuses to do one, seems to think it invites death or something like that. House and car in her name so it's just cash in the bank from my side. What would happen to our house if she died first with her having no will?

If she dies without a Will (intestate), expect her blood relatives to demand their fair share under Thai law:

-- If the deceased leaves a spouse and children, then the spouse takes 50 percent and the children take 50 percent in equal shares.

-- If the deceased dies leaving a spouse and parents, then the spouse takes 50 percent and parents take 50 percent in equal shares.

-- If the deceased dies leaving a spouse and siblings of the whole blood, then the spouse takes 50 percent and the siblings take 50 percent in equal shares.

-- If the deceased dies leaving a spouse and heirs in classes, 4,5 or 6 above, then the spouse takes two thirds of the estate and the statutory heirs in the class entitled take one third in equal shares.

-- If there are no statutory heirs in existence, the surviving spouse takes the whole estate.

Thus, hope for no statutory heirs. Better yet, have her hand write her Will, leaving everything to you, but also being specific as to chanote, car titles, etc (the more specificity, the better, seems to be the Thai way with Wills). Anyway, just have her take a moment to write this. Also, while not required for hand written Wills, also get two non-blood witnesses to witness her signature -- so they can attend the argument in court from relatives who insist the Will is a phony.

If the wife still disapproves, due to superstition, have her read the Thai Civil code about dying intestate. If that doesn't move her, cut her allowance.

[elizabethjo]

Hi, a son dies in Thailand, is married to a Thai but has no children and no will.  He works for part of the year in Australia.   He has properties, business and bank accounts in Thailand and also in Australia.  The wife applies to an Australian court for full entitlement to all his assets.  Shouldn't she be claiming everyting from Thailand?  I ask because this is happening and we think possibly it is because it circumvent the parental rights to 50% of their son's estate.  What can be done about it?  Thank you kindly.

[geriatrickid]

10 hours ago, elizabethjo said:

Hi, a son dies in Thailand, is married to a Thai but has no children and no will.  He works for part of the year in Australia.   He has properties, business and bank accounts in Thailand and also in Australia.  The wife applies to an Australian court for full entitlement to all his assets.  Shouldn't she be claiming everyting from Thailand?  I ask because this is happening and we think possibly it is because it circumvent the parental rights to 50% of their son's estate.  What can be done about it?  Thank you kindly.

 

You left out significant relevant details. The handling of a succession depends on where the  deceased was a legal resident and where the assets are located.

The son died intestate, without a will, but he has a wife. The Australian law is quite clear, the estate is passed 100%  to the surving spouse (or civil partner). 

In Thailand, if there  is only a wife and parents with no children and no siblings, the  estate is divided 50% to the wife and 50% to the parents.

 

It seems you wish to use Thai succession law to your advantage. You may not get the benefit you expect because each jurisdiction has its own  tax liabilities. As a rule of thumb, the applicable succession law is dependent upon;

- Size of the estate and,

- Type of asset.

 

Typically,  with real estate holdings and other fixed  commercial assets the law that applies is the law of the jurisdiction where that property is located. If it is in Australia, then Australian law would apply. In respect to personal property such as an automobile, personal effects, or dwelling, then it is the law of the jurisdiction where the deceased was considered to be "domiciled". If the deceased filed his taxes as a resident of Australia and  was domiciled in Australia, then Australian law would apply. Conversely, if the deceased was  set up as an expat domiciled in Thailand, then  the  property would be dealt with in  accordance with Thai law.

 

Considering the many underlying characteristics, and the significant tax implications, the only person qualified to answer your question is a lawyer with experience in multi jurisdictional intestate successions.