Inheritance & Probate Services Hub · NYC Legal

Inheritance, probate & family pension reference — 82 answers

Compiled from the Civil & Commercial Code Book VI (succession, §1629 and §1655-1672), the Inheritance Tax Act B.E. 2558, Revenue Code §42(27)(28) and §48(4), Land Code §93, Condominium Act §19, the Child Adoption Act B.E. 2522 with the Hague 1993 Convention, and the Social Security Act B.E. 2533, as cited on each service page. Court fees, publication costs and government charges are official rates passed through at cost; stated durations are estimates that depend on court and registry queues.

• Q16085. What is Bilingual Will Drafting (Thai/English) and what does NYC Legal handle?

  NYC Legal drafts bilingual Thai/English wills under Civil & Commercial Code §1655-1672 (five recognized forms). Coverage: Thai-situs assets with non-revocation clauses for foreign wills covering offshore assets. quoted on request. 3-7 business days.

• Q16092. Can a Thai will be used overseas?

  Yes, via three-tier certification: (1) Thai Notary Public; (2) MFA Consular Department legalization; (3) Apostille (for Hague Convention states — Thailand joined effective 28 February 2027) OR destination embassy attestation (for non-Hague states). NYC Legal handles all tiers as one workflow.

• Q16099. What is Estate Administrator Petition and what does NYC Legal handle?

  Estate Administrator appointment is filed at Civil Court (Bangkok) or Provincial Court. Court fee THB 200 + publication THB 500 + attorney quoted on request. Uncontested cases conclude in 2-4 months. NYC Legal manages every step from petition filing to court order issuance.

• Q16106. How long does it take?

  Uncontested: 2-4 months. Contested: 12-36 months. Expedited cases (overseas heirs needing fund transfers) can request court priority, reducing to 6-8 weeks.

• Q16113. What is Foreign Probate Recognition in Thailand and what does NYC Legal handle?

  Thailand is not a party to general foreign-judgment recognition treaties. A foreign Grant of Probate / Letters of Administration cannot be enforced directly. You must file a fresh petition in a Thai court, using the apostilled foreign order plus certified translation as evidence. NYC Legal manages source-country Apostille, translation, and Thai filing end-to-end.

• Q16120. Does this work for all countries?

  Yes for any country's court order, but non-Hague Apostille jurisdictions (e.g. Canada, certain Chinese provinces) require Thai embassy attestation instead of Apostille.

• Q16128. How much does Inheritance Tax Filing · Act B.E. 2558 (2015) cost and how long does it take?

  Attorney fee quoted on request; typical duration File within 150 days of receipt. Court filing fees and newspaper publication costs are official rates passed through at cost, and durations are estimates that depend on court and registry queues.

• Q16135. Are unregistered spouses exempt?

  No — only Thai-law registered spouses qualify. Customary or pre-2025 same-sex unions are treated as other heirs at 10%.

• Q16142. How much does Foreign Heir Inheriting Thai Real Estate cost and how long does it take?

  Attorney fee quoted on request; typical duration Registry 2-3 months · Disposal within 1 year. Court filing fees and newspaper publication costs are official rates passed through at cost, and durations are estimates that depend on court and registry queues.

• Q16149. Can I transfer to a Thai-citizen child?

  Yes — transfer to a Thai-national child (e.g. child of Thai father-foreign mother) qualifies as lawful 'disposal'.

• Q16156. How much does Heir Verification + Translation + Apostille cost and how long does it take?

  Attorney fee quoted on request; typical duration 5-14 business days. Court filing fees and newspaper publication costs are official rates passed through at cost, and durations are estimates that depend on court and registry queues.

• Q16163. How do foreign documents become usable in Thailand?

  (1) Apostille in source country (if Hague); (2) Translate to Thai by attorney or registered house; (3) Use directly in Thailand — no Thai embassy step required.

• Q16219. What is the tax base for Estate to Descendant / Ascendant?

  Net Estate Value = the 5 taxable asset classes (real estate · registered securities · deposits · registered vehicles · other financial assets) – liabilities – estate administration costs

• Q16226. What is the exemption threshold for Estate to Other Heir (Non-Direct Line)?

  Exempt first THB 100M per recipient · excess taxed at 10% (siblings, nephews/nieces, uncles/aunts, friends, non-public-benefit foundations)

• Q16233. What rate applies to Estate to Legally-Registered Spouse in Thailand?

  🎯 100% exempt, no cap (Sec.3(2) Inheritance Tax Act) — scenario code IHT-S (Estate · Spouse)

• Q16240. Is there a worked example of Estate to Legally-Registered Spouse?

  Cross-Border Spouse · Thai decedent, Australian wife, registered in Sydney 2012 · never registered in Thailand · Thai-situs assets THB 420M · Revenue argued 'not a legal spouse under Thai law' — assessed 32M · NYC Legal filed Apostilled marriage cert + Judicial Recognition Order + Foreign Judgment Recognition → Thai court affirmed spouse status · Refund 32M · Package + Litigation THB 480,000 Figures are calculations at published statutory rates, not a promise of the same result in every case.

• Q16247. What are the common pitfalls with Lifetime Gift — Descendant / Ascendant / Spouse?

  🚨 (1) Excess over 20M/yr unreported = penalty 1-2× + surcharge 1.5%/month · (2) Rent-free 'lending' or below-market sale can be re-characterised as Gift · (3) Family Business share transfers require FMV by IA (Independent Appraiser) · (4) Foreign donee needs TIN + Thai filing · (5) Sham 'interest-free loan agreements' without genuine intent + repayment evidence are void

• Q16254. How can Lifetime Gift — Others under Moral Obligation be planned lawfully?

  🎯 (1) Split recipients — siblings + nephews + teacher = 5 people × 10M = 50M/yr exempt · (2) Give on 'wedding / ordination / New Year / Chinese New Year' occasions clearly documented in a Gift Letter · (3) Elect Final 5% over PIT · (4) Gold / diamond / art / off-exchange crypto may sit 'outside the base' (Grey Area — case by case) · (5) Give as an 'interest-free loan' with proper contract — not a Gift but has Deemed Interest All routes remain subject to Sec.14 anti-avoidance of the Inheritance Tax Act and none of them is a guaranteed tax outcome.

• Q16262. How can Cross-Border Estate / Foreign-Situs Assets be planned lawfully?

  🎯 (1) Use DTA Credit — foreign estate tax already paid (US Federal 40%, UK IHT 40%, JP 55%) fully credits against Thai 5-10% · often no additional Thai tax due · (2) Foreign Holding Company (BVI, Singapore, HK) holding assets before death — heirs receive HoldCo shares which are not one of the 5 taxable Thai classes (beware GAAR + CFC) · (3) Foreign Trust / Bare Trust set up before death with Trust Deed enforceable under foreign law · (4) Foreign Will + Thai Will (Multi-Jurisdiction) — separate probate in each country · (5) LTR Visa holder changing residency before death shifts heirs' tax position All routes remain subject to Sec.14 anti-avoidance of the Inheritance Tax Act and none of them is a guaranteed tax outcome.

• Q16298. Can we opt for 100% separation of property?

  Yes, via a 'separation regime' clause, provided it doesn't offend public policy (§1465 para 2) — e.g. you cannot waive child support.

• Q16316. What is Thai Postnuptial Agreement — Restructure Marital Property After the Wedding?

  A postnuptial isn't a 'late prenup' — it's an inter-spouse contract to re-classify specific assets out of the marital estate after the wedding. Common triggers: (a) upcoming inheritance, (b) forming a BOI/holding company, (c) LTR-visa filing that requires US$1M in named assets, (d) relocating to a community-property state (e.g. California). NYC drafts an inter-partes agreement — binding on the couple but NOT on third parties unless re-registered at the Land Department or DBD. THB 30,000; 7–10 days.

• Q16323. How many witnesses are needed?

  Two or more plus a notarial-services attorney to certify the absence of duress or mistake — this significantly increases evidentiary weight.

• Q16341. Is the settlement note actually enforceable?

  Yes — §1526 gives it the force of a judgment. Breach can be enforced directly at the Juvenile & Family Court without relitigating the merits.

• Q16348. Which authorities back Uncontested Thai Divorce at the Amphoe — Same-Day, With Settlement Note?

  Cited sources: https://www.krisdika.go.th/librarian/get?sysid=443287&ext=pdf · https://www.dopa.go.th/ · https://www.coj.go.th/ · https://www.hcch.net/en/instruments/conventions/full-text/?cid=69

• Q16367. Is appeal available?

  Yes — within 1 month to the Juvenile & Family Court of Appeals. State fee THB 200 + counsel THB 30k–80k. 8–14 months.

• Q16385. Must we be married?

  Under the Child Adoption Act B.E. 2522: adopter must be 25+ and 15+ years older than the child; marriage isn't required (single-parent adoption allowed); same-sex couples are eligible from the effective date of Thailand's Marriage Equality Act (22 Jan 2025).

• Q16392. Which authorities back Intercountry Adoption from Thailand — DSDW + Hague 1993 End-to-End (12–18 months)?

  Cited sources: https://www.dcy.go.th/ · https://www.hcch.net/en/instruments/conventions/full-text/?cid=69 · https://www.coj.go.th/ · https://www.krisdika.go.th/librarian/get?sysid=443287&ext=pdf

• Q16410. Does US Social Security coordinate with Thailand?

  No Totalization Agreement yet. US expats pay Thai SSO then reclaim in full, while continuing to accrue US SS (40 credits / 10 yrs work). Both pensions can be received simultaneously.

• Q966006. How long does will drafting take?

  Timing depends on the courts and the relevant Land Office queue, how complete your file is, and public holidays. Our own preparation usually takes a few business days; the official stage is an estimate that can shift. We give you a realistic will drafting timeline before starting and update you as it progresses.

• Q966020. How long does the result of will drafting stay valid?

  Certified documents rarely carry an expiry date themselves, but most receiving authorities require issuance within 3–6 months of submission, and some are stricter. Check the destination's rule before starting will drafting so nothing has to be redone; we plan the sequence around your filing deadline.

• Q966036. Which documents are required for estate administrator?

  The baseline set is the applicant's ID or passport, the original documents relating to estate administrator, proof of connection (house registration, company affidavit or the underlying contract) and a power of attorney if a representative attends. The exact list follows the courts and the relevant Land Office requirements on the filing date; we send a case-specific checklist before your appointment.

• Q966050. Who is estate administrator for, and what are the eligibility conditions?

  It suits anyone who must present the result of estate administrator to a government body, bank, educational institution or overseas counterparty. Applicant eligibility and supporting documents follow the courts and the relevant Land Office rules; some cases require the document holder in person or a properly executed power of attorney. We screen eligibility free of charge before accepting the case.

• Q966064. What risks should I know before starting estate administrator?

  The main risks are destination rules changing mid-process, historic documents that no longer match current facts, and deadlines so tight that no correction round is left. We confirm requirements with the courts and the relevant Land Office or the receiving body before filing estate administrator and build correction time into the plan.

• Q966078. Which laws or regulations govern foreign probate?

  The framework is set by Book VI of the Civil and Commercial Code and the Inheritance Tax Act B.E. 2558, together with the regulations and notifications issued by the courts and the relevant Land Office, which are revised from time to time. Before advising on foreign probate we verify the version in force on the filing date and rely on official sources rather than second-hand summaries.

• Q966092. How is my data protected when you handle foreign probate?

  We process personal data under Thailand's Personal Data Protection Act B.E. 2562 (PDPA), use it only to carry out foreign probate as instructed, restrict access to the assigned team, and return or destroy originals on your instruction. You may exercise access or deletion rights at any time.

• Q966108. What are the most common mistakes in inheritance tax and how do we prevent them?

  The usual causes of rejection are name spellings that differ between documents, documents that expire before the filing date, uncertified copies, and translations that do not match the original. the courts and the relevant Land Office returns files for exactly these reasons, so we cross-check names, dates and seals across every page before submitting inheritance tax.

• Q966122. Is there an express option for inheritance tax?

  We can prioritise our own preparation subject to capacity, but any stage controlled by the courts and the relevant Land Office follows official procedure and cannot be guaranteed to a fixed date. We tell you plainly what the fastest realistic inheritance tax window is and offer alternatives if your deadline is too tight.

• Q966136. What costs are involved in foreign heir land and how are they calculated?

  There are two components: official government fees passed through at the published rate, and our professional fee, which depends on scope, document volume and urgency of foreign heir land. Fees are quoted case by case based on complexity and document volume — ask our team before work starts. You always receive a written breakdown before work begins — no hidden charges.

• Q966150. Does foreign heir land also need an English or target-language translation?

  If the receiving body is overseas, a certified translation is normally required, and many countries insist on their own official language rather than English. We confirm the destination rule first, then produce a translation aligned with foreign heir land and certify it in the same workflow to avoid extra rounds.

• Q966164. Which documents are required for heir verification?

  The baseline set is the applicant's ID or passport, the original documents relating to heir verification, proof of connection (house registration, company affidavit or the underlying contract) and a power of attorney if a representative attends. The exact list follows the courts and the relevant Land Office requirements on the filing date; we send a case-specific checklist before your appointment.

• Q966178. Who is heir verification for, and what are the eligibility conditions?

  It suits anyone who must present the result of heir verification to a government body, bank, educational institution or overseas counterparty. Applicant eligibility and supporting documents follow the courts and the relevant Land Office rules; some cases require the document holder in person or a properly executed power of attorney. We screen eligibility free of charge before accepting the case.

• Q966194. What are the end-to-end steps for estate descendant ascendant?

  We start with a document and fact review, prepare and verify the file, submit to the courts and the relevant Land Office, follow up on any queries raised by officials, and hand over the completed result with a full copy set. For estate descendant ascendant a case manager tracks every stage and reports status. Call +66 83-249-4999 · LINE @NYCLI · nyclegal@ilc.ltd

• Q966208. What happens if estate descendant ascendant is rejected or returned for correction?

  First we obtain the written reason from the courts and the relevant Land Office, then separate formal defects (fixable and quickly refiled) from substantive or eligibility issues (which need a change of approach). Where the error is ours, we redo estate descendant ascendant at no extra professional fee and coordinate until the matter is resolved.

• Q966222. What happens after estate descendant ascendant is completed?

  Check names, dates and seals as soon as you receive the result of estate descendant ascendant, keep at least one digital copy, and submit to the receiving authority within its validity window. If the destination requires further legalisation — for example the Department of Consular Affairs or an embassy — we continue the chain in the same engagement.

• Q966236. What are the most common mistakes in estate other heir and how do we prevent them?

  The usual causes of rejection are name spellings that differ between documents, documents that expire before the filing date, uncertified copies, and translations that do not match the original. the courts and the relevant Land Office returns files for exactly these reasons, so we cross-check names, dates and seals across every page before submitting estate other heir.

• Q966250. Is there an express option for estate other heir?

  We can prioritise our own preparation subject to capacity, but any stage controlled by the courts and the relevant Land Office follows official procedure and cannot be guaranteed to a fixed date. We tell you plainly what the fastest realistic estate other heir window is and offer alternatives if your deadline is too tight.

• Q966264. What costs are involved in estate spouse and how are they calculated?

  There are two components: official government fees passed through at the published rate, and our professional fee, which depends on scope, document volume and urgency of estate spouse. Fees are quoted case by case based on complexity and document volume — ask our team before work starts. You always receive a written breakdown before work begins — no hidden charges.

• Q966280. Should I handle estate spouse myself or use a service provider?

  Doing it yourself saves the professional fee but leaves you carrying the risk on document format, queueing and travel time, plus shifting the courts and the relevant Land Office practice. A provider reduces rejection loops and gives you someone accountable for follow-up. For estate spouse we are happy to give initial guidance even if you proceed on your own.

• Q966294. How long does gift descendant ascendant take?

  Timing depends on the courts and the relevant Land Office queue, how complete your file is, and public holidays. Our own preparation usually takes a few business days; the official stage is an estimate that can shift. We give you a realistic gift descendant ascendant timeline before starting and update you as it progresses.

• Q966308. How long does the result of gift descendant ascendant stay valid?

  Certified documents rarely carry an expiry date themselves, but most receiving authorities require issuance within 3–6 months of submission, and some are stricter. Check the destination's rule before starting gift descendant ascendant so nothing has to be redone; we plan the sequence around your filing deadline.

• Q966322. What are the end-to-end steps for gift others moral?

  We start with a document and fact review, prepare and verify the file, submit to the courts and the relevant Land Office, follow up on any queries raised by officials, and hand over the completed result with a full copy set. For gift others moral a case manager tracks every stage and reports status. Call +66 83-249-4999 · LINE @NYCLI · nyclegal@ilc.ltd

• Q966336. What happens if gift others moral is rejected or returned for correction?

  First we obtain the written reason from the courts and the relevant Land Office, then separate formal defects (fixable and quickly refiled) from substantive or eligibility issues (which need a change of approach). Where the error is ours, we redo gift others moral at no extra professional fee and coordinate until the matter is resolved.

• Q966350. What happens after gift others moral is completed?

  Check names, dates and seals as soon as you receive the result of gift others moral, keep at least one digital copy, and submit to the receiving authority within its validity window. If the destination requires further legalisation — for example the Department of Consular Affairs or an embassy — we continue the chain in the same engagement.

• Q966366. Which laws or regulations govern cross border foreign estate?

  The framework is set by Book VI of the Civil and Commercial Code and the Inheritance Tax Act B.E. 2558, together with the regulations and notifications issued by the courts and the relevant Land Office, which are revised from time to time. Before advising on cross border foreign estate we verify the version in force on the filing date and rely on official sources rather than second-hand summaries.

• Q966380. How is my data protected when you handle cross border foreign estate?

  We process personal data under Thailand's Personal Data Protection Act B.E. 2562 (PDPA), use it only to carry out cross border foreign estate as instructed, restrict access to the assigned team, and return or destroy originals on your instruction. You may exercise access or deletion rights at any time.

• Q966394. Can legal basis be handled if I live upcountry or overseas?

  Yes. Send photos of your documents via LINE for a feasibility check, then we proceed under a power of attorney, or you sign at a Royal Thai Embassy/Consulate where you live and courier the originals back. For legal basis we map out the fastest and safest option before you commit.

• Q966408. Should I handle legal basis myself or use a service provider?

  Doing it yourself saves the professional fee but leaves you carrying the risk on document format, queueing and travel time, plus shifting the courts and the relevant Land Office practice. A provider reduces rejection loops and gives you someone accountable for follow-up. For legal basis we are happy to give initial guidance even if you proceed on your own.

• Q966422. How long does prenuptial agreement take?

  Timing depends on the courts and the relevant Land Office queue, how complete your file is, and public holidays. Our own preparation usually takes a few business days; the official stage is an estimate that can shift. We give you a realistic prenuptial agreement timeline before starting and update you as it progresses.

• Q966436. How long does the result of prenuptial agreement stay valid?

  Certified documents rarely carry an expiry date themselves, but most receiving authorities require issuance within 3–6 months of submission, and some are stricter. Check the destination's rule before starting prenuptial agreement so nothing has to be redone; we plan the sequence around your filing deadline.

• Q966452. Which documents are required for postnuptial agreement?

  The baseline set is the applicant's ID or passport, the original documents relating to postnuptial agreement, proof of connection (house registration, company affidavit or the underlying contract) and a power of attorney if a representative attends. The exact list follows the courts and the relevant Land Office requirements on the filing date; we send a case-specific checklist before your appointment.

• Q966466. Who is postnuptial agreement for, and what are the eligibility conditions?

  It suits anyone who must present the result of postnuptial agreement to a government body, bank, educational institution or overseas counterparty. Applicant eligibility and supporting documents follow the courts and the relevant Land Office rules; some cases require the document holder in person or a properly executed power of attorney. We screen eligibility free of charge before accepting the case.

• Q966480. What risks should I know before starting postnuptial agreement?

  The main risks are destination rules changing mid-process, historic documents that no longer match current facts, and deadlines so tight that no correction round is left. We confirm requirements with the courts and the relevant Land Office or the receiving body before filing postnuptial agreement and build correction time into the plan.

• Q966494. Which laws or regulations govern divorce mutual consent?

  The framework is set by Book VI of the Civil and Commercial Code and the Inheritance Tax Act B.E. 2558, together with the regulations and notifications issued by the courts and the relevant Land Office, which are revised from time to time. Before advising on divorce mutual consent we verify the version in force on the filing date and rely on official sources rather than second-hand summaries.

• Q966508. How is my data protected when you handle divorce mutual consent?

  We process personal data under Thailand's Personal Data Protection Act B.E. 2562 (PDPA), use it only to carry out divorce mutual consent as instructed, restrict access to the assigned team, and return or destroy originals on your instruction. You may exercise access or deletion rights at any time.

• Q966522. Can divorce contested court be handled if I live upcountry or overseas?

  Yes. Send photos of your documents via LINE for a feasibility check, then we proceed under a power of attorney, or you sign at a Royal Thai Embassy/Consulate where you live and courier the originals back. For divorce contested court we map out the fastest and safest option before you commit.

• Q966538. Is there an express option for divorce contested court?

  We can prioritise our own preparation subject to capacity, but any stage controlled by the courts and the relevant Land Office follows official procedure and cannot be guaranteed to a fixed date. We tell you plainly what the fastest realistic divorce contested court window is and offer alternatives if your deadline is too tight.

• Q966552. What costs are involved in adoption intercountry and how are they calculated?

  There are two components: official government fees passed through at the published rate, and our professional fee, which depends on scope, document volume and urgency of adoption intercountry. Fees are quoted case by case based on complexity and document volume — ask our team before work starts. You always receive a written breakdown before work begins — no hidden charges.

• Q966566. Does adoption intercountry also need an English or target-language translation?

  If the receiving body is overseas, a certified translation is normally required, and many countries insist on their own official language rather than English. We confirm the destination rule first, then produce a translation aligned with adoption intercountry and certify it in the same workflow to avoid extra rounds.

• Q966580. Which documents are required for pension repatriation?

  The baseline set is the applicant's ID or passport, the original documents relating to pension repatriation, proof of connection (house registration, company affidavit or the underlying contract) and a power of attorney if a representative attends. The exact list follows the courts and the relevant Land Office requirements on the filing date; we send a case-specific checklist before your appointment.

• Q966594. Who is pension repatriation for, and what are the eligibility conditions?

  It suits anyone who must present the result of pension repatriation to a government body, bank, educational institution or overseas counterparty. Applicant eligibility and supporting documents follow the courts and the relevant Land Office rules; some cases require the document holder in person or a properly executed power of attorney. We screen eligibility free of charge before accepting the case.