Can a Foreigner Inherit a Condominium in Thailand?

Concise answer

Yes, a foreigner can inherit a condominium in Thailand through a valid will or as a statutory heir. However, inheriting the property does not always mean the foreign heir may keep it permanently.

The heir’s right to retain foreign-freehold ownership depends on whether they qualify under the Condominium Act and whether the building remains within the permitted 49% foreign ownership quota.

If the foreign heir does not qualify to retain ownership, or the inheritance causes the foreign quota to be exceeded, the condominium or excess foreign interest may need to be sold within the legally prescribed period—generally no longer than one year from acquiring ownership.

Detailed explanation

A Phuket condominium forms part of its owner’s estate. When the owner dies, the property may pass to beneficiaries named in a valid will or to statutory heirs under Thai succession law.

The inheritance process and the foreign heir’s right to retain ownership are separate legal questions.

A foreigner may be entitled to receive the condominium from the estate but may still have to sell it if the ownership conditions under the Condominium Act cannot be satisfied.

1. A foreigner may inherit under a will

A condominium owner may leave the property to a foreign spouse, child, relative or other beneficiary in a valid will.

The will should clearly identify:

• Testator
• Beneficiary
• Condominium development
• Unit number
• Condominium title details
• Ownership interest being transferred
• Appointed executor
• Alternative beneficiary if the first beneficiary cannot inherit

A Thai will dealing specifically with the condominium can simplify the administration process and reduce uncertainty.

A foreign will may potentially be recognised, but translation, authentication and court procedures can make the process more complicated.

2. A foreigner may inherit as a statutory heir

If the owner dies without a valid will, the estate is distributed under the statutory succession provisions of the Thai Civil and Commercial Code.

Potential statutory heirs may include:

• Descendants
• Parents
• Full-blood siblings
• Half-blood siblings
• Grandparents
• Uncles and aunts
• Surviving spouse

The order and entitlement of heirs depend on the family circumstances and applicable succession law.

Being the deceased owner’s spouse does not necessarily mean the surviving spouse receives the entire condominium automatically.

3. Receiving an inheritance and retaining ownership are different

A foreign heir may legally succeed to the deceased owner’s interest but must still be eligible to hold the condominium under the Condominium Act.

The heir’s ability to retain ownership may depend on:

• Eligibility category under Section 19
• Foreign ownership quota
• Existing foreign ownership in the building
• Nationality and legal status of the heir
• Registered ownership percentage
• Land Office requirements
• Supporting estate documents

These questions should be reviewed before the estate transfer is registered.

4. The 49% foreign ownership quota still applies

Foreign ownership in a registered condominium development is generally limited to 49% of the total registered unit area.

If the heir is foreign, the condominium juristic person and Land Office must examine whether the inherited ownership can remain within the building’s foreign quota.

Possible outcomes include:

• Heir qualifies and sufficient foreign quota is available
• Heir qualifies, but inheritance causes the foreign quota to be exceeded
• Heir does not fall within an eligible foreign ownership category
• Only part of an inherited ownership interest can be retained
• Condominium must be disposed of within the required period

The juristic person should provide current written confirmation of the quota position.

5. A qualifying foreign heir may be able to keep the unit

A foreign heir who falls within an eligible category under the Condominium Act may be able to retain the condominium when:

• Foreign ownership quota is available
• Estate documents are valid
• Transfer is approved by the Land Office
• Juristic-person certificates are provided
• Ownership does not breach another legal restriction

The standard foreign-currency transfer requirement may operate differently in an inheritance because the heir is not purchasing the condominium. The Land Office will instead review the heir’s eligibility and succession documents.

The specific requirements should be confirmed for the individual estate.

6. A non-qualifying foreign heir may have to sell

A foreign person or foreign entity that inherits a condominium but does not qualify under the Condominium Act may be required to dispose of it within no more than one year from acquiring ownership.

Disposal may take the form of:

• Sale
• Transfer to an eligible heir
• Transfer to another qualified buyer
• Other legally approved disposition

If the heir fails to dispose of the property within the prescribed period, the competent authority may have powers to require or arrange its disposal under the applicable law.

The one-year period should not be treated as a comfortable marketing window. Estate administration, title transfer and property sale can each take time.

7. The heir may need to notify the authorities

In circumstances where inherited foreign ownership exceeds the permitted quota or another disposal requirement arises, written notification may need to be given to the responsible official within 60 days from the relevant event.

The foreign heir or estate representative should obtain advice immediately concerning:

• Notification deadline
• Commencement of the one-year disposal period
• Documents required
• Whether only the excess interest must be sold
• Whether the entire unit must be sold
• Available ownership alternatives

Missing a statutory deadline can significantly complicate the estate.

8. Court or estate-administration procedures may be required

Transferring an inherited condominium normally requires formal estate documentation.

Documents may include:

• Death certificate
• Valid will
• Thai court order appointing the estate administrator
• Court order confirming inheritance rights
• Executor or administrator identification
• Heir’s passport or Thai identification
• Marriage and birth certificates
• Condominium title deed
• Debt-free certificate
• Foreign quota certificate
• Certified Thai translations
• Land Office inheritance-transfer forms

The exact process depends on whether there is a valid will, whether the heirs agree and whether a court-appointed estate administrator is required.

9. Foreign documents may require formal certification

Documents issued outside Thailand may need to be:

• Notarised
• Legalised or otherwise authenticated
• Translated into Thai
• Certified by an approved translator
• Submitted in original or officially certified form

Examples include:

• Foreign death certificate
• Overseas will
• Marriage certificate
• Birth certificate
• Name-change certificate
• Foreign probate documents

The required certification process should be confirmed before documents are sent to Thailand.

10. Outstanding condominium expenses must be settled

Before the inherited condominium can be transferred, the estate may need to settle outstanding amounts including:

• Common-area fees
• Sinking-fund obligations
• Utilities
• Penalties or interest
• Registered mortgage
• Other liabilities connected to the unit

The condominium juristic person normally issues a debt-free certificate once the qualifying condominium expenses have been paid.

The heir should also determine whether the estate has sufficient funds to maintain the property during administration.

11. Taxes and fees may apply

An inheritance transfer and a later sale can involve different taxes, fees and administrative expenses.

Potential costs may include:

• Land Office registration fees
• Court fees
• Lawyer’s fees
• Translation and certification costs
• Outstanding common-area expenses
• Taxes and transfer expenses upon a later sale
• Foreign tax obligations in the heir’s home country

Tax treatment depends on the estate, heir, property and transaction. Thai and international tax advice may both be required.

12. Jointly owned condominiums need careful planning

If the deceased owned the condominium jointly, only the deceased owner’s registered interest normally forms part of their estate.

The surviving co-owner does not necessarily receive that interest automatically.

The estate process should determine:

• Deceased’s registered ownership percentage
• Surviving owner’s existing interest
• Beneficiary of the deceased’s share
• Foreign quota position
• Whether the new ownership arrangement can be registered
• Whether the surviving owner wishes to purchase the inherited share

Joint owners should prepare coordinated wills rather than relying solely on their relationship or ownership arrangement.

Greg’s professional perspective

Buying a condominium is usually carefully planned; inheriting one is often handled during a difficult and emotional period. Good preparation makes an enormous difference.

Every foreign condominium owner should keep a clear property file containing:

1. Condominium title deed.
2. Sale and purchase agreement.
3. Banking and FET evidence.
4. Juristic-person information.
5. Marriage and family documents.
6. Thai will identifying the condominium.
7. Contact details for the chosen executor and lawyer.

The important point is that a foreign heir may receive the condominium but may not automatically have the right to retain it indefinitely.

A properly prepared Thai will, combined with a legally suitable beneficiary and current foreign-quota information, provides considerably more security than leaving the family to untangle everything later.

Applicable date

Current as reviewed on: 17 July 2026

Thai condominium law, succession law, court procedures and Land Office requirements can change. This entry should be reviewed whenever the Condominium Act, Thai Civil and Commercial Code or Department of Lands inheritance procedures are amended.

Location and property types

Location: Phuket, Thailand
Primary property type: Registered condominium units
Ownership type: Foreign freehold and inherited condominium interests
Buyer type: Foreign owners, heirs, beneficiaries and estate representatives

Verified legal and authoritative sources

• Condominium Act B.E. 2522 (1979), as amended — particularly Sections 19, 19 bis, 19 quinque, 19 septies and 19 octo concerning foreign ownership, inheritance, notification and required disposal.
• Thai Civil and Commercial Code — relevant provisions concerning wills, statutory heirs, succession, estate administration and co-ownership.
• Thailand Department of Lands Order No. 367/2568 — official guidance addressing inherited condominium ownership, foreign quota, notification and disposal periods.
• Thailand Department of Lands — official procedures for registering inherited condominium ownership and required disposition.
• Condominium juristic person — responsible for confirming the foreign ownership quota and issuing the debt-free and quota certificates required for registration.
• Phuket Provincial Land Office — responsible for reviewing the heir’s eligibility and registering the inheritance transfer or subsequent disposal.

Related questions

• Should a foreign property owner make a Thai will?
• Can a married couple jointly own a condominium in Phuket?
• How does Thailand’s 49% foreign condominium quota work?
• What happens if an inherited condominium exceeds the foreign ownership quota?
• Can a foreign heir sell a condominium without transferring it into their name?
• What documents are required to inherit a condominium in Thailand?
• Can condominium sale proceeds be transferred out of Thailand?

Knowledge-catalog administration

Disclaimer

This entry provides general educational information and does not constitute legal, tax, succession, probate, estate-planning or financial advice. A foreign heir’s ability to receive and retain a condominium depends on the heir’s legal status, foreign ownership quota, estate documents, court orders and Land Office requirements. Owners, beneficiaries and estate representatives should obtain transaction-specific advice from a qualified Thai succession lawyer, the condominium juristic person and the Phuket Provincial Land Office.