Inheritance of a French National Deceased in Thailand: Complete Guide

Introduction

The death of a loved one is always a difficult moment, and when it occurs abroad, the administrative burden can feel overwhelming. For French nationals who have built a life in Thailand, the question of inheritance involves navigating two distinct legal systems, each with its own rules, timelines, and requirements.

This guide provides a comprehensive overview of what heirs, surviving spouses, and executors need to know when a French citizen passes away in Thailand. Whether or not a will exists, understanding the applicable laws early on can prevent costly mistakes and unnecessary delays. For professional support through the process, see our inheritance and will services.

What Happens Without a Will: Thai Intestate Law

When a French national dies in Thailand without a valid will, Thai law governs the distribution of assets located in Thailand. Under the Thai Civil and Commercial Code, Section 1629 establishes six classes of statutory heirs, ranked in order of priority:

1. Descendants (children, grandchildren)
2. Parents
3. Brothers and sisters (full blood)
4. Half-brothers and half-sisters
5. Grandparents
6. Uncles and aunts

A higher-ranked class of heirs excludes all lower-ranked classes from inheriting. Within the same class, assets are divided equally. The surviving spouse holds a special position and inherits alongside whichever class is entitled, with their share varying depending on which class of heirs exists.

For assets located in France, French succession law applies. This duality is precisely why proper estate planning is so critical for French residents of Thailand.

Does the Thai Spouse Inherit Automatically?

This is one of the most frequent questions we receive, and the answer depends entirely on the legal status of the relationship.

If you are legally married, the surviving Thai spouse has inheritance rights under both Thai and French law. Under Thai law, the surviving spouse first receives their share of the marital community property (typically half), and then inherits from the deceased's portion alongside the statutory heirs.

If you are not legally married (cohabiting partners, traditional Thai ceremony without civil registration), the surviving partner has no automatic inheritance rights under Thai law. Without a valid will naming them as a beneficiary, they receive nothing from the estate.

This distinction makes it essential for unmarried couples to draft a proper will if they wish to protect their partner.

Why do you need two wills: Thai and French?

One of the most important pieces of advice for French nationals living in Thailand is to maintain two separate wills: one governed by Thai law for assets in Thailand, and one governed by French law for assets in France.

Under the Thai Civil and Commercial Code, Sections 1655 to 1672 define the valid forms of wills in Thailand:

• Holographic will (Section 1657): handwritten entirely by the testator, dated, and signed
• Will made by a public document (Section 1658): declared before an Amphur official with two witnesses
• Will made by a secret document (Section 1660): sealed document presented to an Amphur official
• Oral will (Section 1663): only valid in exceptional circumstances when death is imminent

Key Considerations for Dual Wills

• Each will should explicitly state that it covers only the assets in the respective country, to avoid one will inadvertently revoking the other
• The Thai will should be written in Thai (or bilingual Thai-English) for smooth probate proceedings
• The French will should be deposited with a notary in France
• Both wills should be reviewed by legal professionals familiar with international succession

Having a properly structured dual-will arrangement significantly reduces the time, cost, and stress involved in settling the estate.

Are There Inheritance Taxes in Thailand?

Thailand introduced an inheritance tax in 2016, but it affects very few estates. The key thresholds are:

• No tax is owed on inherited assets valued at 100 million THB or less (approximately 2.6 million EUR)
• For amounts exceeding 100 million THB:
  • 5% tax for ascendants or descendants (parents, children)
  • 10% tax for all other heirs

In practice, the vast majority of French retiree estates in Thailand fall well below this threshold. However, keep in mind that French inheritance tax rules apply separately to assets located in France, and these can be substantially higher.

What are the post-death procedures in Thailand?

When a French national passes away in Thailand, the following steps must be taken:

1. Obtain the Thai Death Certificate

The hospital or local authorities issue the death certificate. This must be obtained promptly as it is required for all subsequent procedures.

2. Consular Declaration

The death must be reported to the French Embassy or Consulate in Thailand. They will:

• Register the death in the French civil registry
• Issue a French death certificate (acte de deces)
• Notify relevant French authorities (pension funds, tax administration)
• Assist with repatriation of the body if requested

3. Court Succession Proceedings in Thailand

For assets in Thailand, a petition for letters of administration must be filed with the Thai court. This is required whether or not a will exists. The court process typically takes 3 to 6 months and involves:

• Filing the petition with supporting documents
• Court hearings (usually 2 to 3 sessions)
• Appointment of an estate administrator
• Distribution of assets according to the will or intestate law

4. Survivor Pension Application

If the deceased was receiving a French pension, the surviving spouse should apply for the pension de reversion (survivor pension). This is a separate process handled through the French pension funds. See our dedicated article on the survivor pension for a Thai spouse for full details.

5. Notify Financial Institutions

All banks, insurance companies, and investment accounts in both Thailand and France must be notified of the death. Thai bank accounts are typically frozen until the court-appointed administrator provides the necessary documentation.

Can a Foreigner Inherit Land in Thailand?

This is a critical point that catches many heirs off guard. Under Thai law, foreigners cannot own land in Thailand. If a French heir inherits Thai land, they have 180 days from the date of inheritance to transfer or sell the property. If they fail to do so, the Director-General of the Land Department may order the sale of the land.

Condominiums: The 49% Quota Rule

Foreigners can own condominium units, but only within the 49% foreign ownership quota of any given condominium building. If the quota is already full, the foreign heir may face difficulties registering their ownership and may need to sell the unit instead.

Practical Solutions

• Transfer land to a Thai family member (spouse, children with Thai nationality)
• Sell the property and repatriate the funds
• For condominiums, verify the foreign quota status before assuming ownership can be registered

The Role of the Executor

The executor (or estate administrator) plays a central role in the Thai succession process. Under Thai law, the court appoints an administrator who is responsible for:

• Collecting and safeguarding the deceased's assets
• Paying outstanding debts and liabilities
• Distributing assets to the heirs according to the will or court order
• Filing tax returns and settling any tax obligations

If the will names an executor, the court typically respects this choice. Otherwise, the court appoints an administrator, usually the surviving spouse or a close family member. In complex international estates, it is highly advisable to work with a bilingual legal professional who understands both Thai and French succession law.

How Siam Visa Services Can Help

Dealing with inheritance matters across two countries and two legal systems is inherently complex. Our team provides:

• Liaison with the French Embassy and Thai authorities
• Coordination with Thai lawyers for court proceedings
• Document translation and legalization
• Guidance on property transfer and financial repatriation
• Support for survivor pension applications

We understand the emotional weight of these situations and work with discretion and efficiency to ease the burden on families during a difficult time.

Frequently Asked Questions

How long does the Thai succession process take?

Typically 3 to 6 months from filing the petition to final distribution, though complex cases or disputed estates can take longer.

Can I handle everything from France without traveling to Thailand?

In most cases, a power of attorney can be granted to a representative in Thailand. However, some court proceedings may require the presence of the petitioner or their appointed Thai lawyer.

What if the deceased had debts in Thailand?

Thai law follows the principle that debts are settled from the estate before distribution to heirs. Heirs are not personally liable for debts exceeding the value of the estate.

Do I need a Thai lawyer?

While not legally required for all steps, a Thai lawyer is strongly recommended for the court succession process, especially for foreign heirs unfamiliar with Thai legal procedures.

What happens to the deceased's Thai bank accounts?

Thai banks freeze the account upon being notified of the death. Funds are released only to the court-appointed estate administrator upon presentation of the court order.

Is a French will valid in Thailand?

A French will can be recognized in Thailand, but it must go through the Thai court process for authentication and enforcement. Having a separate Thai will for Thai assets significantly simplifies this process.