Can a Foreigner Inherit Land in Thailand?

Concise answer

A foreigner may inherit an interest in Thai land, but the ability to register and retain ownership is highly restricted.

Section 93 of the Thai Land Code provides a limited route for a foreigner inheriting as a statutory heir to apply for permission from the Minister of Interior to own the land, subject to statutory land-area limits and official approval. Permission is not automatic.

A foreign beneficiary named only in a will should not assume that this statutory-heir exception applies. If the foreign heir cannot obtain permission or otherwise qualify legally, the land will generally need to be sold or transferred to an eligible owner. The foreign beneficiary may then receive the net sale proceeds.

For a Phuket villa, the land, building, lease, superficies, company shares and furniture may be legally separate assets. Each component must therefore be reviewed individually.

Detailed explanation

Foreign ownership of land in Thailand is substantially restricted under the Thai Land Code.

The inheritance of land involves two separate legal questions:

1. Is the foreign person legally entitled to inherit from the deceased?
2. Is the foreign person legally permitted to register and retain ownership of the land?

A foreigner may have a valid inheritance claim without being entitled to keep the land permanently.

This distinction is especially important for:

• Foreign spouses of Thai landowners
• Foreign children of Thai parents
• Dual-national families
• Unmarried foreign partners
• Foreign beneficiaries named in Thai wills
• Owners of Phuket villas
• Families using leases, superficies or company structures
• Estate administrators responsible for selling inherited property

1. Foreigners are generally restricted from owning Thai land

The starting position is that foreigners cannot freely purchase or own land in Thailand.

Limited exceptions may exist under:

• Treaties
• Specific legislation
• Government approvals
• Investment provisions
• Industrial-estate legislation
• Inheritance by a statutory heir under Section 93 of the Land Code

Inheritance does not create a general exemption from foreign land-ownership restrictions.

The foreign heir’s relationship to the deceased, the legal basis of inheritance, land area, intended use and government approval must all be examined.

2. A foreigner can be an heir under Thai succession law

Foreign nationality does not automatically prevent a person from inheriting an estate in Thailand.

A foreign person may potentially inherit as:

• Surviving spouse
• Child or descendant
• Parent
• Sibling
• Other statutory relative
• Beneficiary named in a valid will

However, succession law determines the right to inherit. The Land Code determines whether the inherited land may be registered and retained.

The foreign heir may ultimately receive:

• Ownership of the land following official permission
• Ownership of a building but not the land
• Leasehold or other registered rights
• Company shares
• Proceeds from the sale of the land
• Another asset substituted under the will

3. Section 93 provides a limited statutory-heir route

Section 93 of the Land Code addresses a foreigner who acquires land by inheritance in the capacity of a statutory heir.

The foreign statutory heir may apply for permission from the Minister of Interior to retain ownership.

The principal conditions include:

• Applicant must qualify as a statutory heir
• Inheritance relationship must be legally established
• Land must fall within the permitted area limits
• Required documents must be submitted
• Relevant authorities must investigate the application
• Ministerial permission must be obtained
• Other legal and registration requirements must be satisfied

The Department of Lands’ official Section 93 guidance specifically describes this process as an application by a foreigner inheriting in the capacity of a statutory heir.

4. Permission is not automatic

Being the deceased owner’s foreign spouse or child does not automatically produce a land title in the heir’s name.

The application may require review by:

• Local Land Office
• Provincial authorities
• Department of Lands
• Ministry of Interior
• Other relevant government bodies

The authorities may examine:

• Nationality
• Family relationship
• Validity of marriage
• Birth and parentage records
• Status as a statutory heir
• Land title
• Land area
• Intended land use
• Existing land held by the applicant
• Will and succession documents
• Court appointment of an estate administrator
• Compliance with Section 87 area limits

The family should not make financial or occupancy plans based on an assumption that permission will be granted.

5. Section 87 limits the amount of land

Where permission is available, the total amount of land that a foreigner may hold is restricted according to its permitted purpose.

The statutory limits generally include:

One rai equals 1,600 square metres.

These figures do not mean that a foreign statutory heir is automatically entitled to the maximum area. They are upper limits, subject to ministerial approval and all other requirements.

If the inherited land exceeds the applicable limit, the excess may have to be disposed of.

6. Statutory heirs are defined by Thai succession law

The six classes of statutory blood heirs under the Thai Civil and Commercial Code are:

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 alongside the appropriate statutory heirs.

A foreign spouse, child or other qualifying relative may therefore be eligible to apply under Section 93, but their statutory relationship must be proven.

An unmarried partner is not a statutory spouse merely because the couple lived together for many years.

7. A beneficiary under a will is not necessarily a statutory heir

A will may name almost any legally eligible person as a beneficiary. That does not automatically make the beneficiary a statutory heir.

The Section 93 route is expressly framed around a foreigner acquiring land in the capacity of a statutory heir.

This creates an important distinction between:

• A foreign statutory heir inheriting under Thai succession law
• A relative who is also named in a will
• An unrelated beneficiary named in a will
• An unmarried partner named as beneficiary
• A charity or organisation named in a will

A foreign person named only as a testamentary beneficiary should not assume that Section 93 permits them to retain the land.

Where the intended beneficiary may be unable to keep it, the will should authorise the estate administrator to sell the land and distribute the net proceeds.

8. A foreign spouse may qualify as a statutory heir

A legally recognised foreign spouse of a Thai landowner may inherit as a surviving spouse.

However, the spouse must still address:

• Validity and registration of the marriage
• Marital-property division
• Other statutory heirs
• Will provisions
• Land-area limits
• Ministerial permission
• Land Office registration
• Estate debts
• Any required disposal

Marriage creates inheritance rights, but it does not create automatic foreign land ownership.

A ceremonial marriage or long-term relationship may be insufficient unless the marriage is legally recognised.

9. Marital property must be separated before inheritance

Where the deceased was married, the family must first determine whether the land or its economic value formed part of:

• Sin Suan Tua — personal property
• Sin Somros — marital property
• A mixed or disputed property interest

The surviving spouse may already own a marital-property interest before the deceased’s estate is distributed.

Only the deceased’s share enters the estate.

However, a foreign spouse’s marital-property rights do not necessarily mean that the Land Office can register part of the land directly in the foreign spouse’s name. Foreign ownership restrictions still apply.

The spouse may instead become entitled to monetary value, sale proceeds or another estate asset.

10. Land purchased in a Thai spouse’s name requires careful review

When a Thai national married to a foreigner purchases land, the Land Office commonly requires confirmation that the purchase funds are the Thai spouse’s separate property and that the foreign spouse has no ownership claim to the land.

Those declarations can become important after the Thai spouse’s death.

The foreign spouse should not assume that:

• Funding the purchase created ownership
• Marriage created co-ownership
• Living in the property created a land interest
• Paying construction costs created ownership of the land
• Being named in the house registration created title
• A private agreement overrides the Land Code

The original purchase documents and Land Office declarations should be reviewed by a lawyer before any inheritance position is asserted.

11. A foreign child of a Thai parent may also qualify

A foreign child may be a statutory descendant of a deceased Thai landowner.

The child may potentially apply under Section 93, subject to:

• Legally established parentage
• Birth-registration evidence
• Adoption documents where applicable
• Nationality records
• Applicable land-area limits
• Ministerial permission
• Other surviving heirs
• Court and Land Office procedures

If the child may qualify for Thai nationality, nationality advice should be obtained separately. Thai nationality could materially change the land-ownership position, but it must be legally established rather than assumed.

12. Dual nationality should be documented correctly

An heir who holds Thai nationality as well as another nationality may not necessarily be treated as a foreigner for land-ownership purposes.

The heir should provide reliable evidence such as:

• Thai national identification card
• Thai passport
• House registration
• Birth certificate
• Nationality certificate
• Name-change documents
• Foreign passport
• Evidence resolving discrepancies between records

Nationality questions should be settled before the inheritance transfer is submitted.

A person with a Thai parent should not assume Thai citizenship is complete merely because they may be eligible for it.

13. A Phuket villa is not one indivisible legal asset

A villa commonly consists of several different interests:

• Land
• House or villa structure
• Registered lease
• Superficies
• Usufruct
• Servitudes
• Company shares
• Furniture
• Construction warranties
• Rental-management rights
• Membership or common-area rights

The foreign heir may be legally able to receive some components but not others.

For example:

• Land may need ministerial approval or sale
• Building may be separately inheritable
• Lease may continue only if its terms permit
• Superficies may protect building ownership
• Company shares may pass through the estate
• Furniture may transfer under the will
• Rental income may belong to the estate during administration

The estate plan should identify each component instead of simply referring to “the villa.”

14. A foreigner may inherit a building separately from the land

Thai law can recognise separate ownership of a building and the land beneath it.

A foreigner may potentially inherit the house or villa structure even if the foreigner cannot retain ownership of the land.

The family must establish:

• Who owns the land
• Who legally owns the building
• Whether building ownership was registered or adequately documented
• Whether a construction permit identifies the relevant owner
• Whether a superficies exists
• Whether the building can remain on the land
• Whether the landowner has contractual obligations
• Whether the land and building should be sold together

Building ownership without secure land-use rights may have limited practical value. A registered superficies or properly structured lease can therefore be important.

15. A registered superficies may provide continuity

A superficies can grant a person the right to own buildings, structures or plantations on land owned by another person.

Where appropriately registered, it may help separate:

• Thai ownership of land
• Foreign ownership of a villa or building
• Right to maintain the structure
• Rights following death
• Rights following sale of the land

The superficies instrument should be reviewed to determine whether it:

• Is inheritable
• Is for a fixed period or lifetime
• Terminates upon death
• Can be transferred
• Covers the relevant building
• Binds a future landowner
• Works properly with the lease and will

A will cannot extend a right that legally expires upon death.

16. Leasehold rights are separate from land ownership

A foreigner may inherit or receive rights under a registered lease if the lease and applicable law allow those rights to pass.

The review should confirm:

• Identity of the lessee
• Registered term
• Remaining lease period
• Whether both spouses or partners are lessees
• Whether the lease is inheritable
• Assignment rights
• Renewal provisions
• Lessor-consent requirements
• Treatment following death
• Relationship with building ownership
• Existence of a superficies

A personal lease may terminate when the lessee dies. A will cannot make a non-inheritable lease inheritable.

Promises of future renewals should also be distinguished from the legally registered lease term.

17. Company shares may be inherited, but the land is still regulated

Where a Thai company owns the villa land, the deceased foreign shareholder’s estate may include shares rather than direct land ownership.

The heir’s position may depend on:

• Company articles
• Shareholder agreement
• Share-transfer restrictions
• Foreign shareholding percentage
• Director appointments
• Voting rights
• Validity of the company’s business
• Whether Thai shareholders are genuine investors
• Foreign Business Act requirements
• Land Code anti-nominee rules
• Will covering the shares

Inheriting company shares does not mean that the heir personally inherits the company’s land.

A company must not be used as an artificial nominee structure to hold land for a foreigner. The Department of Lands continues to investigate arrangements where Thai persons appear to hold property on behalf of foreign nationals.

18. Nominee ownership is not a safe inheritance solution

Placing land in the name of a Thai friend, employee, relative or shareholder while the foreigner exercises the real ownership is legally dangerous.

Potential consequences include:

• Investigation
• Criminal charges
• Forced disposal
• Loss of control
• Disputes with the registered owner
• Tax liabilities
• Company dissolution
• Inability to enforce private agreements
• Estate complications

The Department of Lands has reiterated that nominee landholding for foreigners is unlawful and that improperly held land may be ordered sold.

Inheritance planning should strengthen a lawful structure, not attempt to disguise beneficial ownership.

19. The foreign heir may need ministerial approval before registration

A Section 93 application is more than an ordinary inheritance transfer.

The process may involve:

1. Establishing the death and opening the estate.
2. Confirming the applicant’s statutory-heir status.
3. Appointing an estate administrator where necessary.
4. Obtaining the land title and relevant records.
5. Determining the applicable land-use category.
6. Measuring the land against statutory limits.
7. Submitting the foreign-heir application.
8. Completing official investigation and review.
9. Obtaining ministerial permission.
10. Registering the inheritance at the Land Office.

The procedure can take substantially longer than a normal domestic inheritance transfer.

The estate must continue maintaining the property while the application is pending.

20. An estate administrator may be required

A Thai court may need to appoint an estate administrator before the inherited land can be transferred or sold.

The administrator may be authorised to:

• Collect the deceased’s documents
• Secure and maintain the property
• Pay estate expenses
• Identify heirs
• Apply for official permission
• Communicate with government authorities
• Sign Land Office documents
• Sell the land
• Settle mortgages and taxes
• Distribute the net proceeds

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

An alternative administrator should also be named in case the first choice cannot act.

21. If permission is unavailable, the land may need to be sold

Where the foreign heir cannot lawfully retain the land, disposal may be required.

The estate or foreign heir may need to:

• Sell to a Thai individual
• Sell to an eligible Thai legal entity
• Transfer to another eligible beneficiary
• Sell the land and building together
• Separate the building interest from the land
• Distribute net proceeds under the will or succession rules

The precise deadline depends on the applicable Land Code provision and the official order.

In relevant forced-disposal circumstances, the authorities may set a disposal period of not less than 180 days and not more than one year. If the land is not disposed of within the prescribed period, the Director-General may have authority to arrange its disposal.

The heir should obtain written advice identifying the applicable provision, deadline and starting date.

22. Forced-sale planning should be included in the will

A Thai landowner who intends to benefit a foreign family member should not leave the estate with only one instruction: “I leave my land to the beneficiary.”

The will should also address what happens if ownership cannot be registered.

Possible instructions include:

• Authorise the administrator to sell
• Set reasonable marketing procedures
• Permit the land and villa to be sold together
• Pay mortgages, taxes and expenses
• Distribute the net proceeds to the foreign beneficiary
• Give an eligible beneficiary a first opportunity to purchase
• Provide an alternative asset
• Prevent an urgent below-market sale where legally possible
• Appoint a knowledgeable replacement administrator

The will cannot guarantee that a foreigner may retain land, but it can protect the property’s economic value.

23. Several heirs can complicate the result

If a Thai landowner dies without an effective will, the estate may pass to several statutory heirs.

The heirs may include:

• Thai spouse
• Foreign spouse
• Thai children
• Foreign children
• Parents
• Other qualifying relatives

This can create different ownership outcomes within the same family.

Some heirs may be eligible to register land directly, while a foreign heir may require ministerial permission or receive sale proceeds instead.

Disagreements may arise over:

• Whether to sell
• Who will occupy the villa
• Sale price
• Maintenance expenses
• Rental income
• Division of the land
• Purchase of another heir’s share
• Appointment of the administrator

A professionally prepared will can reduce these risks.

24. The estate must pay debts before distribution

The foreign heir receives an interest in the net estate after legitimate debts and administration expenses have been addressed.

Potential liabilities include:

• Mortgage
• Land and building tax
• Estate-management fees
• Common-area charges
• Utilities
• Insurance
• Legal fees
• Court costs
• Maintenance
• Security
• Property repairs
• Other enforceable estate debts

The administrator should not distribute sale proceeds until the estate’s liabilities have been established.

25. Documents commonly required

Requirements vary, but the application and inheritance transfer may require:

• Original land-title deed
• Death certificate
• Thai will
• Foreign will and probate documents where applicable
• Court order appointing the estate administrator
• Court certificate confirming the order is final
• Estate administrator’s identification
• Heir’s passport
• Thai identification documents
• Marriage certificate
• Birth certificate
• Adoption records
• Family-registration documents
• Proof of statutory-heir status
• House registration
• Land survey or plan
• Evidence of intended land use
• Details of other Thai land held by the applicant
• Certified Thai translations
• Legalisation or authentication
• Ministerial approval
• Land Office application forms
• Power of attorney where permitted

Foreign names, dates and family relationships should be consistent across every document.

Differences caused by transliteration, marriage, divorce or name changes should be resolved before filing.

Practical planning checklist

A Thai landowner intending to protect a foreign spouse, child or other beneficiary should consider the following:

1. Confirm exactly who owns the land.
2. Obtain a current copy of the land-title deed.
3. Identify any mortgage, lease, superficies or servitude.
4. Determine who owns the villa or building.
5. Confirm which beneficiaries are statutory heirs.
6. Prepare a valid Thai will.
7. Appoint an estate administrator and replacement.
8. Include authority to sell if foreign ownership is unavailable.
9. Address the land, building, lease and company shares separately.
10. Preserve marriage, birth and nationality documents.
11. Avoid nominee ownership arrangements.
12. Keep taxes and estate fees current.
13. Review the plan after marriage, divorce, birth, death or nationality change.
14. Obtain advice from a qualified Thai succession and property lawyer.

Greg’s professional perspective

Foreign families should approach inherited Thai land with two goals: protect the beneficiary and preserve the property’s value.

The Section 93 route is real, but it is narrow. It applies to qualifying statutory heirs, remains subject to land-area limits and requires government permission. It should never be presented as an automatic right for every foreign spouse, child or person named in a will.

For a Phuket villa, the best planning begins by separating the legal components:

1. Who owns the land?
2. Who owns the building?
3. Is there a registered lease or superficies?
4. Who inherits the company shares, if any?
5. Can the foreign beneficiary retain each interest?
6. Who can sell the property if retention is impossible?

A good estate plan does not depend on one uncertain outcome. It provides a lawful primary route and a practical alternative—usually an orderly sale with the proceeds protected for the intended beneficiary.

The objective is not simply to pass on a villa. It is to pass on its security and value without leaving the family an avoidable legal problem. That is how international owners Invest with Confidence.

Applicable date

Current as reviewed on: 22 July 2026

Thai land-ownership restrictions, succession law and administrative procedures can change. This entry should be reviewed following amendments to the Land Code, Thai Civil and Commercial Code, relevant ministerial regulations or Department of Lands procedures.

Location and property types

Location: Phuket, Thailand
Primary property type: Villa land, residential land, buildings and land-related rights
Ownership type: Thai freehold, inherited land, building ownership, leasehold and superficies
Buyer type: Thai landowners, foreign statutory heirs, foreign spouses, descendants and estate administrators

Verified legal and authoritative sources

• Thai Land Code — particularly Sections 87 and 93 and the provisions governing foreign landholding and required disposal.
• Thai Civil and Commercial Code — provisions governing succession, statutory heirs, surviving spouses, wills, estate property and estate administrators.
• Department of Lands: foreign acquisition of land as a statutory heir under Section 93 — official public-service guidance on the limited foreign statutory-heir application.
• Department of Lands circular dated 15 July 2005 — official guidance concerning foreign acquisition of land by inheritance as a statutory heir under Section 93.
• Department of Lands circular dated 13 May 2003 — addresses inheritance of land by foreign statutory heirs and subsequent disposal or transfer.
• Department of Lands public guide for inheritance transfers with an estate administrator — official inheritance-transfer documentation and registration guidance.
• Department of Provincial Administration — responsible for civil-registration records used to establish marriage, parentage, death and statutory-heir relationships.
• Courts of Justice — responsible for contested succession proceedings and appointment of estate administrators.
• Phuket Provincial Land Office — responsible for registration and implementation of applicable land procedures for Phuket property.

Related questions

• 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?
• Can a foreigner inherit a condominium in Thailand?
• Can a foreign spouse inherit land from a Thai spouse?
• Can a foreign child inherit land from a Thai parent?
• Can a foreigner own a villa building without owning the land?
• What is a superficies in Thailand?
• Are Phuket villa leasehold rights inheritable?
• What happens when a foreign heir cannot retain inherited land?
• How is an estate administrator appointed in Thailand?
• Should a Thai landowner prepare a Thai will?

Knowledge-catalog administration

Disclaimer

This entry provides general educational information and does not constitute legal, succession, probate, land, tax or financial advice. A foreign heir’s position depends on their relationship to the deceased, basis of inheritance, nationality, land area, land use, estate documents and current government approval requirements. Property owners, beneficiaries and estate administrators should obtain case-specific advice from a qualified Thai succession and land lawyer before applying to retain, transfer or sell inherited land.