Table of Contents

What documents are used?
Inheritance management with will
Inheritance management of foreigner
Appointing an executor
Taking the executor to court
Apply to be an executor
Form example / Request to be an executor
Prescription of inheritance case

What documents are used?

   Managing an inheritance is not complex if we have prepared relevant documents since the passing of our relatives. Various processes will then proceed smoothly, including obtaining a death certificate, appointing an executor, managing the inheritance assets, tracing the inheritance, and distributing the inheritance assets to various heirs.

Let’s see what basic documents are required for Inheritance management.

1. Death certificate
2. Copy of deceased person’s ID card
3. Copy of deceased person’s household registration
4. Relatives’ genealogy
5. Will
6. Consent letter from heirs
7. Documents related to all inherited assets

   Once you have gathered the aforementioned documents, you can take them to meet with a lawyer or a public prosecutor to file a petition with the court to appoint you as the executor.

Inheritance management with will

Inheritance management in general, when there is no will or final testamentary directive left by the deceased,The scenario will typically unfold in a way that the heirs must be in harmony, not objecting to the selection of a representative as the inheritance manager, and ensuring that the inheritance is distributed correctly according to the law.(Lawsuits often arise from disagreements over the rightful distribution of the estate assets.)

The case of managing inheritance with will: When there is a will involved, both the methods and outcomes may differ significantly from the aforementioned case in several aspects. Whether the deceased has specified an “executor” in the will or not, and the clear identification of who will inherit what from the estate, are essential factors.

Another significant difference that can arise in cases involving inheritance is the ability to specify “anyone can inherit, regardless of blood relation.” This could include close friends, godchildren, acquaintances, or caregivers who have provided assistance in the final stages of life. In cases without a will, it’s straightforward; if not related by blood, inheritance is not guaranteed. However, by making a will “properly according to the law,” one can dictate virtually anything regarding inheritance.

Inheritance management of foreigner

The inheritance management process for foreigners generally follows procedures “similar to those for Thai nationals” for the reason that it involves appointing an executor according to Thai law. Therefore, the list of documents specified above must also be used if the deceased is a foreign national.

The primary complexity in managing inheritance for foreigners lies in the matter of documentation. This is because Thai courts are familiar with various Thai forms such as birth certificates, household registration, and death certificates. However, dealing with foreign documents can be quite challenging because government forms from different countries vary significantly. Therefore, to certify the authenticity of accurate copies, they must be notarized by a “notary public” or “consular office” beforehand. Otherwise, there’s a high chance that the court may not recognize the documents.

In addition to documentation, another challenge in managing inheritance for foreigners is tracing the assets. This is because in Thailand, we record the identification numbers of foreigners based on their “passport numbers.” Passports often change and are replaced with new ones, unlike our national ID numbers, which remain the same throughout our lives.

Exactly, if foreigners residing in Thailand for an extended period change passports frequently, it can indeed create complexity and make it extremely challenging to trace inheritance assets.

Therefore, the main reason why most foreigners often make wills specifying detailed information about their assets is because they fear that their heirs will encounter difficulties in claiming the inheritance in Thailand

Appointing an executor

The appointment of an executor is a legal process by which a court certifies or appoints a specific individual to be the executor of an estate. The executor has rights and responsibilities to manage the estate, locate assets, sell assets, distribute assets to heirs or creditors according to the law.

However, not every inheritance division requires the appointment of an executor. Thai law permits the appointment of an executor to the court only in cases where there is a “conflict.” Such conflicts in managing inheritance, such as the inability to withdraw money from the bank, transfer land or property, or transfer ownership of a car, would require officials from the respective agencies to inform us that certain actions cannot be performed without a court order to appoint an executor beforehand.

Taking the executor to court

After preparing all the necessary documents and consulting with a lawyer, the next step is for the lawyer to prepare the documents and file a petition to appoint an executor. Let’s skip ahead to the court date. During the court session, there will be an “interrogation of the petition” regarding the request to appoint an executor. If the court already has a regular appointment of an executor, then the court and your lawyer will coordinate quickly and efficiently, in a manner that may seem quite fast-paced and unfamiliar to you in terms of the legal proceedings taking place.

The thing we need to prepare is to request the attorney to read and understand the prepared affidavit. In general cases, the affidavit would not exceed one and a half pages in length, making it easy to remember. The attorney would typically draft it as follows

• How are we related to the deceased.
• Did the deceased leave a will.
• When did the deceased pass away and what was the cause.
• How many heirs were there at the time of death, and who are they.
• What inheritance is there.
• Are there any disputes or conflicts (inability to transfer certain assets).
• Has consent been obtained from other heirs to go to court.
• Was the deceased a seller of any properties.

The questions or matters that need to be addressed in this case would generally include: If it’s a case where someone is a child without the father being registered as married to the mother, you would typically need to present additional information to the court regarding “paternal behavior.”

Apply to be an executor

Filing a petition to become the executor of an estate can indeed be done by oneself, but it must be done correctly and submitted to the appropriate court. However, in practice, it’s often challenging to do so due to the complexity involved.

Therefore, I recommend these two methods

1. File by hiring a lawyer.
2. File through a public prosecutor.

Filing through a hired lawyer involves expenses, while filing through a public prosecutor does not incur costs. There are slight differences in advantages and disadvantages. Filing through a lawyer is suitable for individuals who are not concerned about the lawyer’s fees, and hiring a lawyer is generally better than doing it oneself, for sure.

The involvement of the public prosecutor’s employee in assisting villagers who cannot afford to hire a lawyer to proceed with this matter is indeed true. Because if there is not much money left in the account or the inheritance is not of significant value, it is worthwhile to engage a lawyer. This intervention by the public prosecutor’s office comes to alleviate the distress in this situation.

Form example / Request to be an executor

The forms for filing for the appointment of a manager of the estate are as follows:

• Petition Form (7) of the Court of Justice
• Witness Statement Form of the Court of Justice
• Relatives Authorization Form
• Consent Letter Form
• Power of Attorney Form (in case of appointing an attorney)

For those who need these forms, you can request the desired form from the office directly. There is no charge for this service.

Prescription of inheritance case

In the end, when dealing with inheritance and encountering disputes with heirs due to unfair distribution of assets or legal disagreements, one must consider the concept of “statute of limitations for inheritance” before taking any further action.

According to the law, our statute of limitations for inheritance is only 1 year. Therefore, after the deceased passes away, creditors or beneficiaries should promptly take action to assert their rights before the statute of limitations expires.
In reality, there are indeed statute of limitations periods of 5 years and 10 years, depending on each individual case. However, I haven’t delved deeply into this aspect in this article.

Therefore, if anyone starts experiencing inheritance issues, I recommend seeking legal advice promptly before your rights may no longer be enforceable under the law.

Article by Nadeer Lawyer