Inheritance Without a Will in Thailand: Statutory Heirs and Asset Division

When an individual passes away in Thailand without leaving a legally valid **"Last Will and Testament,"** their estate (consisting of property, bank accounts, shares, and personal belongings) must be distributed according to intestate succession rules. Under the Thai Civil and Commercial Code (CCC), the estate is allocated to specific relatives known as **"Statutory Heirs."**

The 6 Classes of Statutory Heirs (Section 1629 of the CCC)

Thai probate law operates on the principle that **"nearer relatives exclude more distant ones."** This means that if there are surviving relatives in a higher class, they completely exclude relatives in the lower classes from receiving any share of the estate. The statutory classes are:

1. Class 1: Descendants (Legitimate children, legally adopted children, and recognized illegitimate children under Section 1627).
2. Class 2: Parents (The mother always inherits, but the father must be legally registered as the spouse or recognized father).
3. Class 3: Brothers and Sisters of Full Blood (Same father and mother).
4. Class 4: Brothers and Sisters of Half Blood (Same father or same mother).
5. Class 5: Grandparents.
6. Class 6: Uncles and Aunts.

The Exception: Concurrency of Class 1 and Class 2

Although the rule of proximity generally excludes lower classes, **Class 1 (Descendants) and Class 2 (Parents) do not exclude each other.** If both children and parents of the deceased are alive, they inherit concurrently, sharing the estate equally on a per-head basis.

The Legal Share of the Surviving Spouse (Section 1635 of the CCC)

A legally registered spouse is a statutory heir of a special status under Section 1635. Their share of the estate depends on which classes of statutory heirs survive:

• If surviving with Class 1 (Children) and/or Class 2 (Parents): The spouse receives an equal head-share of the estate.
• If surviving with Class 3 (Siblings): The surviving spouse is legally entitled to one-half (50%) of the entire estate.
• If surviving with Class 4, 5, or 6: The surviving spouse is legally entitled to two-thirds (66.6%) of the estate.
• If no other statutory heirs exist: The surviving spouse inherits 100% of the estate.

Rights of Illegitimate Children (Section 1627)

In cases where a father has children with a partner he is not legally married to, the children do not automatically inherit from the father. However, under **Section 1627**, if the father has publicly acknowledged the children (e.g., by listing his name on the birth certificate, paying for education, or giving them his surname), they are considered **"recognized illegitimate children"** and have the same right to inherit as legitimate descendants (Class 1).

Without a clear will, estate distribution frequently leads to prolonged family disputes, especially when international beneficiaries are involved. The probate team at Numlamai Law is highly experienced in guiding families through the administration process, securing court executor appointments, and executing clean asset transfers. Contact us today.