Can a Foreigner Inherit a Condominium in Thailand?

Concise answer

Yes. A foreigner may inherit a condominium in Thailand as either a statutory heir or a beneficiary named in a valid will.

However, inheriting the condominium and being legally entitled to retain foreign-freehold ownership are separate questions. The heir’s eligibility under the Condominium Act, the deceased owner’s legal ownership status and the building’s 49% foreign ownership quota must be reviewed before the transfer can be registered.

If the foreign heir cannot legally retain the condominium, the unit may have to be sold within the period prescribed by law. A properly prepared Thai will should therefore include instructions allowing the estate administrator to sell the condominium and distribute the proceeds if direct ownership cannot be registered.

Detailed explanation

Foreign ownership of condominiums is permitted in Thailand, but it is regulated by the Condominium Act B.E. 2522 (1979), as amended.

When a foreign owner dies, Thai succession law determines who inherits the estate. The Condominium Act then determines whether the foreign heir may register and retain ownership of the unit.

The principal questions are:

• Is the claimant a statutory heir or valid testamentary beneficiary?
• Did the deceased legally own the condominium?
• Does the foreign heir qualify under the Condominium Act?
• Is the building’s foreign ownership quota available?
• Has an estate administrator been appointed?
• Are the required inheritance and condominium documents available?
• Must the unit be transferred, retained or sold?

1. Foreign nationality does not prevent inheritance

A foreign person may inherit assets located in Thailand.

The foreign heir may inherit through:

• A valid Thai will
• A valid foreign will recognised for use in Thailand
• Thai statutory succession rules
• Representation of a qualifying predeceased heir
• Another legally recognised succession arrangement

The heir may be:

• Surviving spouse
• Child or grandchild
• Parent
• Sibling
• Other statutory relative
• Unmarried partner named in a will
• Friend or unrelated beneficiary named in a will
• Charity or other legally eligible beneficiary

Nationality does not automatically disqualify a person from inheriting. It can, however, affect whether the inherited property may be registered and retained.

2. Inheritance and ownership eligibility are different

Thai succession law may give an heir the right to receive the deceased’s estate.

The Condominium Act separately controls whether the heir may hold the condominium in foreign-freehold ownership.

A foreign beneficiary may therefore have:

• A legal right to inherit the unit and retain it
• A right to inherit subject to satisfying registration requirements
• A right to the value of the unit but not permanent ownership
• An obligation to dispose of the condominium
• A right to receive the net proceeds after an estate sale

This distinction should be addressed in the will and estate-administration plan.

3. The deceased must have legally owned the condominium

The condominium title deed should confirm:

• Deceased’s registered name
• Unit number
• Condominium project
• Registered ownership share
• Floor area
• Encumbrances
• Mortgage or other registered rights
• Whether the unit was Thai or foreign ownership

Only the deceased’s registered legal interest enters the estate.

If the condominium was jointly owned, the surviving co-owner keeps their existing registered share. The deceased’s share passes through the estate.

4. A statutory heir can inherit

When the foreign owner dies without an effective will, the condominium passes according to Thai statutory succession law.

Potential statutory heirs include:

1. Descendants
2. Parents
3. Full-blood siblings
4. Half-blood siblings
5. Grandparents
6. Uncles and aunts

A legally recognised surviving spouse may also inherit.

The surviving spouse does not necessarily receive the entire condominium. Several heirs may become entitled to shares in the deceased’s estate.

5. A foreign beneficiary named in a will may inherit

A condominium owner may leave the unit to a foreign beneficiary through a valid will.

The will should clearly identify:

• Beneficiary’s full legal name
• Nationality and passport details
• Condominium project
• Unit number
• Condominium title-deed details
• Deceased’s ownership share
• Estate administrator
• Alternative beneficiary
• Sale instructions if ownership cannot be retained

The beneficiary does not need to be a relative. An unmarried partner, friend or other person may inherit if properly named in a valid will.

A will cannot, however, override the Condominium Act.

6. The deceased owner’s qualifying status may be important

Section 19 of the Condominium Act identifies the foreigners and foreign-controlled entities permitted to own condominium units.

One recognised route applies to foreigners who bring qualifying foreign currency into Thailand, withdraw Thai baht from a non-resident account or withdraw funds from a foreign-currency account for the condominium purchase.

Department of Lands guidance has taken the position that a foreign heir succeeds to the deceased owner’s legal rights and may, in qualifying circumstances, rely on the deceased owner’s Section 19(5) status.

This makes the deceased owner’s original purchase records important.

The estate file should preserve:

• Foreign Exchange Transaction form
• Bank credit advice
• Foreign-currency transfer confirmation
• Bank certificate
• Purchase agreement
• Transfer receipts
• Condominium title deed
• Evidence of the deceased’s Section 19 eligibility

The exact inheritance transfer should be confirmed with the responsible Land Office before relying on this route.

7. The 49% foreign ownership quota remains relevant

Foreigners and qualifying foreign-controlled entities may generally own no more than 49% of the total floor area of all units in a registered condominium building.

This is measured by floor area, not simply by the number of units.

The condominium juristic person should confirm:

• Total saleable floor area
• Foreign-owned floor area
• Percentage currently held in foreign ownership
• Whether the inherited transfer would remain within the permitted quota
• Ownership classification of the deceased’s unit
• Documentation required by the Land Office

The foreign quota should never be assumed from an old sales brochure or verbal statement.

8. An existing foreign-freehold unit may have an important advantage

Where the deceased legally held the condominium in foreign freehold, transferring the same unit to a qualifying foreign heir may be treated differently from a new purchase by an unrelated foreign buyer.

Department of Lands guidance indicates that a foreign heir may succeed to the deceased owner’s qualifying Section 19(5) position in appropriate circumstances.

Nevertheless, the Land Office must examine:

• Deceased’s original eligibility
• Heir’s legal status
• Basis of inheritance
• Existing foreign quota
• Supporting banking evidence
• Condominium juristic-person certificates
• Court and estate documents

The heir should obtain a written legal opinion for the specific unit rather than assuming inheritance automatically preserves foreign-freehold ownership.

9. Disposal may be required if the statutory conditions are not satisfied

The Condominium Act provides circumstances in which a foreign owner must dispose of a condominium.

A disposal requirement may arise where:

• Acquisition causes foreign ownership to exceed the permitted quota
• Foreign heir does not fall within the legally permitted ownership categories
• Required eligibility cannot be established
• Owner later loses the status supporting ownership
• Registration cannot lawfully be completed
• Other statutory ownership conditions are breached

Where disposal is required, the applicable provision generally requires the condominium to be sold within one year from the date the relevant legal condition arises.

The precise starting date and applicable statutory provision should be confirmed by a Thai property and succession lawyer and the Land Office.

10. The heir may receive sale proceeds instead of the unit

If the foreign heir cannot legally retain the condominium, the estate does not simply disappear.

The estate administrator may be able to:

1. Maintain the unit during administration.
2. Pay outstanding fees and expenses.
3. Market the condominium for sale.
4. Obtain required court or heir approval.
5. Transfer the unit to an eligible buyer.
6. Pay taxes, transfer expenses and estate liabilities.
7. Distribute the net proceeds to the beneficiary.

A well-prepared will should expressly authorise this alternative.

This allows the beneficiary to receive the economic value of the investment without forcing the estate into an impossible ownership transfer.

11. An estate administrator may be required

A foreign heir cannot normally deal with the condominium merely by presenting a passport and death certificate.

A Thai court may need to appoint an estate administrator.

The administrator may be authorised to:

• Represent the estate
• Obtain condominium records
• Access relevant bank accounts
• Pay common-area charges
• Communicate with the juristic person
• Register the administrator’s authority
• Transfer the condominium to the heir
• Sell the condominium
• Sign Land Office documents
• Distribute the net estate

The deceased may nominate an administrator in the will, but court appointment may still be required.

For Phuket property, the application will commonly involve the Thai court with jurisdiction over the estate and the Phuket Provincial Land Office responsible for the condominium.

12. Several foreign heirs may inherit together

A condominium may pass to more than one heir.

For example, a deceased owner may leave:

• Spouse and children
• Several children
• Multiple beneficiaries under a will
• Beneficiaries receiving different percentages

This can create practical complications involving:

• Co-ownership
• Foreign quota
• Agreement on whether to sell
• Payment of common-area fees
• Use of the unit
• Rental decisions
• Renovation expenses
• Sale price
• Appointment of an estate administrator

A will can reduce these difficulties by leaving the unit to one beneficiary while allocating other assets or sale proceeds to the remaining beneficiaries.

13. Joint ownership does not automatically create survivorship

If two foreign partners or spouses jointly own a condominium, the surviving owner generally keeps their registered share.

The deceased owner’s share still passes through the estate.

For example, if each owner holds 50%:

• Survivor retains their existing 50%
• Deceased’s 50% enters the estate
• Deceased’s share passes under the will or intestacy
• Survivor does not automatically receive the deceased’s share
• Condominium Act requirements continue to apply

Joint owners should therefore prepare coordinated wills even when both names are already registered.

14. A surviving foreign spouse does not automatically receive the unit

A legally recognised foreign spouse is a statutory heir, but may have to share the estate with:

• Children
• Parents
• Full-blood siblings
• Half-blood siblings
• Grandparents
• Uncles or aunts

Marital-property rights may also need to be separated before the inheritance shares are calculated.

The spouse must still satisfy the Condominium Act and complete the inheritance-registration process.

Marriage creates meaningful rights, but it is not a substitute for a Thai will.

15. An unmarried partner needs a valid will

An unmarried partner is not automatically a statutory spouse under Thai succession law.

Without a valid will, the condominium may pass to the deceased’s recognised relatives rather than the surviving partner.

Long-term cohabitation does not by itself create inheritance rights, even if the partner:

• Lived in the unit
• Paid expenses
• Contributed to the purchase
• Managed the property
• Shared rental income
• Was financially dependent on the deceased

Unmarried foreign owners should coordinate their registered ownership, financial records and separate Thai wills.

16. A foreign will may require additional evidence

A foreign will can potentially govern Thai assets, but its use in Thailand may require:

• Original will
• Probate or equivalent overseas court documents
• Evidence of applicable foreign law
• Authentication or legalisation
• Certified Thai translation
• Witness evidence
• Thai court proceedings
• Proof that the foreign will was not revoked

Differences between legal systems can make the administration slower and more expensive.

A separate Thai will limited to Thai property can often make the owner’s instructions easier to establish, provided it is coordinated carefully with all overseas wills.

17. The condominium juristic person has an important role

The condominium juristic person does not decide who legally inherits, but it supplies documents needed for the Land Office process.

These may include:

• Debt-free certificate
• Foreign ownership quota certificate
• Confirmation of unit floor area
• Common-area fee statement
• Juristic-person registration documents
• Records of the deceased owner
• Confirmation of any outstanding special assessments

The estate should continue paying common-area fees during administration.

Unpaid fees can delay a transfer or reduce the net amount received by the heirs.

18. Documents commonly required

The exact requirements vary, but the estate may need:

• Original condominium title deed
• Death certificate
• Valid will
• Court order appointing the estate administrator
• Court certificate confirming the order is final
• Estate administrator’s passport or identification
• Heir’s passport
• Marriage certificate
• Birth certificates
• Family-registration evidence
• Proof of statutory heirship
• Certified Thai translations
• Legalisation or authentication
• Condominium debt-free certificate
• Foreign quota certificate
• Purchase agreement
• Foreign-exchange evidence
• Power of attorney
• Land Office application forms

The Department of Lands inheritance-transfer guide specifically includes condominium title documents, identification and foreign-passport evidence among the required materials for inheritance transfers involving an estate administrator.

19. Mortgage and estate debts must be addressed

The condominium passes subject to valid registered and estate liabilities.

Potential obligations include:

• Mortgage balance
• Common-area fees
• Special assessments
• Property tax
• Utilities
• Insurance
• Legal fees
• Court expenses
• Maintenance costs
• Other estate debts

The beneficiary should determine whether the estate has sufficient cash to carry the unit while probate and registration are completed.

Where funds are limited, an early sale may be more practical than retaining the condominium.

20. Inheritance should be planned before the purchase is completed

Foreign buyers can reduce future problems by preserving a complete acquisition file from the beginning.

The recommended file includes:

• Condominium title deed
• Sale and purchase agreement
• Land Office transfer documents
• Foreign Exchange Transaction form
• Bank remittance records
• Payment receipts
• Juristic-person certificates
• Passport copies
• Thai will
• Estate administrator’s details
• Lawyer’s contact information
• Inventory of Thai assets

The owner should also ensure that a trusted person knows where the original will and title documents are stored.

Practical inheritance-planning checklist

A foreign condominium owner should consider the following:

1. Confirm the unit is legally registered in the owner’s name.
2. Preserve the original foreign-currency transfer evidence.
3. Obtain a current copy of the condominium title deed.
4. Prepare a Thai will covering the condominium.
5. Name a suitable estate administrator and replacement.
6. Identify the intended beneficiary precisely.
7. Include instructions permitting a sale if the beneficiary cannot retain ownership.
8. Coordinate the Thai will with wills in other countries.
9. Keep common-area fees and taxes current.
10. Review the plan after marriage, divorce, birth, death or change of nationality.
11. Have the ownership and succession structure reviewed by a qualified Thai lawyer.

Greg’s professional perspective

A foreign-freehold Phuket condominium is one of the clearest property ownership structures available to an international buyer in Thailand. That security should extend beyond the owner’s lifetime.

The two most valuable precautions are straightforward:

1. Preserve the documents proving how the condominium was legally acquired.
2. Prepare a Thai will with a practical alternative if the beneficiary cannot retain the unit.

Many families assume the title deed will simply be changed after presenting a death certificate. In reality, heirship, court authority, foreign ownership eligibility and the building’s quota may all have to be established first.

This does not make condominium inheritance unmanageable. It means the investment should be organised properly while the owner is available to do so. A clear title, complete banking records and a professionally prepared will can turn a difficult estate into an orderly transfer.

Good planning protects both the property and the people it was intended to benefit. That is part of what it means to Invest with Confidence.

Applicable date

Current as reviewed on: 22 July 2026

Thai succession law, condominium ownership rules and Land Office procedures can change. This entry should be reviewed following any amendment to the Condominium Act, Thai Civil and Commercial Code or relevant Department of Lands procedures.

Location and property types

Location: Phuket, Thailand
Primary property type: Registered condominium units
Ownership type: Foreign freehold, Thai freehold and jointly owned condominiums
Buyer type: Foreign condominium owners, beneficiaries, statutory heirs and estate administrators

Verified legal and authoritative sources

• Condominium Act B.E. 2522 (1979), as amended — particularly Sections 19, 19 bis and the provisions governing required disposal by foreign owners.
• Thai Civil and Commercial Code — provisions governing succession, wills, statutory heirs, estate property and estate administrators.
• Department of Lands official analysis concerning a foreign heir succeeding to Section 19(5) status — states that a qualifying foreign heir may succeed to the deceased condominium owner’s rights and may not be required to dispose of the unit under the circumstances analysed.
• Department of Lands public guide: inheritance transfer with an estate administrator — official documentary and registration requirements.
• Department of Lands public guide: inheritance transfer without an estate administrator — official guidance concerning proof of heirship and transfer documents.
• Royal Thai Embassy guidance on foreign condominium ownership — official summary of Section 19 eligibility and foreign ownership requirements.
• Courts of Justice — responsible for contested succession proceedings and appointment of estate administrators.
• Phuket Provincial Land Office — responsible for registering inherited Phuket condominium ownership.

Related questions

• Should a foreign property owner make a Thai will?
• What happens if a foreign property owner dies without a Thai will?
• Who are the statutory heirs under Thai law?
• Does a surviving spouse automatically inherit a Phuket property?
• Can an unmarried partner inherit property in Thailand?
• What is the 49% foreign ownership quota in a Thai condominium?
• Does joint condominium ownership include automatic survivorship?
• How is an estate administrator appointed in Thailand?
• What happens if a foreign heir cannot retain a condominium?
• What documents are required to transfer an inherited condominium?

Knowledge-catalog administration

Disclaimer

This entry provides general educational information and does not constitute legal, succession, probate, property, tax or financial advice. A foreign heir’s ability to inherit and retain a Thai condominium depends on the deceased owner’s status, the basis of inheritance, the heir’s eligibility, the building’s foreign ownership quota and current Land Office requirements. Owners, heirs and estate administrators should obtain case-specific advice from a qualified Thai succession and condominium lawyer before transferring, retaining or selling an inherited unit.