Who Are the Statutory Heirs Under Thai Law?

Concise answer

When a person dies without a valid will governing their Thai estate, Thai law generally distributes the estate among six classes of statutory blood relatives and the surviving legally married spouse.

The six classes are descendants, parents, full-blood siblings, half-blood siblings, grandparents, and uncles and aunts. A relative in a higher class will generally take priority over relatives in a lower class, subject to special rules for surviving parents, representation and the surviving spouse.

An unmarried partner, friend, stepchild or other person outside these recognised categories does not automatically inherit merely because they were close to or financially dependent on the deceased.

Detailed explanation

Statutory heirs are people entitled to inherit under the Thai Civil and Commercial Code when an asset is not distributed through an effective will.

The statutory rules determine:

• Who is entitled to inherit
• Priority between different relatives
• Surviving spouse’s share
• Whether descendants can inherit by representation
• What happens when no statutory heir exists

For a foreign property owner, these rules can determine who receives a Phuket condominium, building, leasehold interest, company shares, bank account or sale proceeds.

1. First class: descendants

The first statutory class consists of the deceased’s descendants.

This may include:

• Children
• Grandchildren
• Great-grandchildren
• Legally adopted children
• Other legally recognised direct descendants

Children generally take priority over more remote descendants.

A grandchild does not ordinarily inherit alongside their living parent merely because they are a descendant. However, representation rules may allow the grandchild to receive the share that would have passed to a parent who died before the deceased.

The legal status of each child must be established through appropriate family records.

2. Second class: parents

The deceased’s legally recognised parents form the second statutory class.

Parents have a special position under Thai succession law. When descendants survive, the parents may still be entitled to inherit under the specific provisions of the Civil and Commercial Code.

Questions may arise concerning:

• Legal parentage
• Adoption
• Recognition of paternity
• Foreign birth records
• Parent who died before the deceased
• Rights of adoptive and biological parents

Proper documentation is required before a parent’s entitlement can be confirmed.

3. Third class: full-blood siblings

Brothers and sisters who share both parents with the deceased form the third class.

They may inherit when no qualifying heirs in a higher class exclude them.

If a full-blood sibling died before the deceased, that sibling’s descendants may potentially inherit through representation, subject to the statutory requirements.

Half-blood siblings fall into a separate and lower class.

4. Fourth class: half-blood siblings

Brothers and sisters who share only one parent with the deceased form the fourth statutory class.

They may inherit when no eligible heir in a higher-priority class takes the estate.

Evidence may be required to establish the shared legal parent, particularly where birth and family records were issued in different countries.

5. Fifth class: grandparents

The deceased’s grandparents form the fifth statutory class.

This includes the legally recognised:

• Paternal grandfather
• Paternal grandmother
• Maternal grandfather
• Maternal grandmother

Grandparents generally inherit only when no eligible heir in a higher class is entitled to take priority.

More remote ancestors are not listed as a separate statutory class under Section 1629.

6. Sixth class: uncles and aunts

The final statutory class consists of the deceased’s uncles and aunts.

This refers to legally recognised siblings of the deceased’s parents.

Cousins are not listed as a separate class of statutory heirs. However, descendants of certain predeceased relatives may have rights through statutory representation in qualifying circumstances.

The family structure must be examined carefully rather than relying on informal assumptions.

7. The surviving spouse is also a statutory heir

A surviving legally married spouse is entitled to inherit alongside the relevant blood relatives.

The spouse is not placed inside one of the six numbered classes. Instead, the spouse’s share is determined under separate provisions based on which other statutory heirs survive.

The marriage must generally be legally recognised. Living together, holding a wedding ceremony or being described socially as husband and wife may not create the same statutory inheritance rights as a legally registered marriage.

8. The spouse’s share depends on the surviving relatives

The surviving spouse’s statutory share generally depends on the class of heirs inheriting alongside them.

The broad framework is:

This table is a general summary. The actual calculation may be affected by surviving parents, representation, marital property, multiple descendants and other legal factors.

9. Marital property is separated before inheritance

Before calculating the deceased spouse’s estate, it may be necessary to separate marital property from personal property.

The surviving spouse may already own a share of marital property independently of inheritance.

The process generally involves determining:

• Which assets are marital property
• Which assets are personal property
• Each spouse’s existing ownership interest
• Debts attributable to the marriage
• Deceased’s remaining estate after division

The surviving spouse’s inheritance share is then calculated from the deceased’s estate—not automatically from the entire asset originally used by the couple.

10. An unmarried partner is not a statutory spouse

An unmarried partner does not normally inherit under the statutory-spouse provisions.

This can apply even if the couple:

• Lived together for decades
• Shared a home
• Had children
• Shared expenses
• Operated a business together
• Held a religious or ceremonial wedding
• Were regarded by friends as married

The partner may inherit if named in a valid will or may have separate ownership or contractual rights. Without those protections, the statutory estate may pass to the deceased’s legally recognised relatives instead.

11. Stepchildren do not automatically inherit

A stepchild is not automatically treated as a statutory descendant merely because their parent married the deceased.

The stepchild may inherit if:

• Legally adopted
• Named in a valid will
• Otherwise given a qualifying legal right

A close parent-like relationship alone does not necessarily create statutory heirship.

Foreign owners with blended families should address this issue explicitly in their wills.

12. Adopted children may inherit

A legally adopted child may have inheritance rights as a descendant, subject to the adoption’s validity and recognition.

The estate may require:

• Adoption order
• Adoption registration
• Birth certificate
• Foreign legal documents
• Certified Thai translations
• Evidence that the adoption is recognised for Thai succession purposes

International adoptions may require additional legal analysis.

13. Children born outside a registered marriage require legal verification

A child’s inheritance rights may depend on whether legal parentage has been established.

Relevant evidence may include:

• Birth certificate
• Marriage of the parents
• Formal legitimation
• Court judgment
• Acknowledgment recognised under applicable law
• Adoption records

A biological relationship alone may not resolve every legal question, particularly regarding inheritance from the father.

The status of each child should be verified rather than assumed.

14. Representation can allow descendants to take a deceased heir’s share

Representation allows certain descendants to step into the position of a qualifying statutory heir who died before the deceased.

For example, a grandchild may potentially receive the share their parent would have received if that parent had survived.

Representation is governed by specific statutory rules and does not apply automatically to every distant relative.

The estate administrator should establish:

• Which heir died first
• Whether representation is legally available
• Identity of the representative descendants
• Share that would have passed to the original heir
• Whether any competing heirs exist

Accurate dates of death and family documents are essential.

15. A higher class generally excludes a lower class

The statutory classes establish priority.

In general:

• Descendants take priority over siblings and more remote relatives
• Parents may retain rights under special provisions
• Full-blood siblings take priority over half-blood siblings
• Half-blood siblings take priority over grandparents
• Grandparents take priority over uncles and aunts

It is therefore incorrect to divide an intestate estate equally among every surviving relative.

The lawful distribution depends on which classes are present and which special rules apply.

16. A person may lose or reject inheritance rights

A person who would otherwise qualify as an heir may not receive the inheritance in certain circumstances.

Possible issues include:

• Valid renunciation of inheritance
• Statutory disqualification
• Concealment or misappropriation of estate assets
• Unlawful conduct involving the deceased
• Prior death without qualifying representation
• Questions concerning legal relationship
• Time limitations affecting estate claims

An heir should not sign a renunciation or settlement document without understanding its legal effect.

17. Foreign nationality does not automatically prevent heirship

A foreign person may be a statutory heir under Thai succession law.

However, the right to inherit an estate and the right to retain a particular type of Thai property are separate matters.

A foreign heir may face additional restrictions involving:

• Condominium foreign ownership quota
• Eligibility under the Condominium Act
• Direct ownership of land
• Inheritability of a lease
• Foreign ownership of company shares
• Banking and foreign-exchange procedures

The heir may be entitled to the economic value of an asset even when the asset itself must be sold.

18. Foreign heirs and condominiums

A foreign statutory heir may inherit a condominium, but permanent retention depends on the Condominium Act.

The review should confirm:

• Heir’s eligibility
• Current 49% foreign quota
• Existing foreign ownership
• Juristic-person certificate
• Land Office requirements
• Any obligation to dispose of the unit

If ownership cannot legally be retained, the condominium may need to be sold within the prescribed period.

19. Foreign heirs and land

Foreign ownership of Thai land is substantially more restricted than condominium ownership.

A foreign statutory heir may potentially apply for ministerial permission to inherit land under Section 93 of the Land Code, subject to legal limits and approval.

If permission is not available or granted, the land may need to be sold.

A foreign heir’s entitlement to inherit value from the estate does not automatically create a right to register the land in their name.

20. Proof of heirship is required

A person claiming to be a statutory heir may need to provide:

• Passport or Thai identification
• Birth certificate
• Marriage certificate
• Adoption records
• Parentage documents
• Family registration
• Death certificates of relevant relatives
• Divorce documents
• Name-change records
• Family tree
• Statements from other heirs
• Certified Thai translations

Where the family spans several countries, collecting and authenticating these records can be one of the most time-consuming parts of the estate process.

Greg’s professional perspective

Statutory succession rules are designed to distribute an estate fairly when the owner has left no effective instructions. The problem is that the legal result may be very different from what the owner expected.

A foreign owner may assume:

• The spouse receives everything.
• A long-term partner is protected.
• Stepchildren are treated as children.
• Joint ownership automatically transfers to the survivor.
• The closest family member can simply sell the property.

None of those assumptions should be relied upon without legal verification.

A Thai will allows the owner to replace uncertainty with clear instructions. It also allows the owner to select an estate administrator and plan for the possibility that a foreign beneficiary cannot legally retain the property.

For an international family, clarity is not merely convenient. It is part of protecting the investment.

Applicable date

Current as reviewed on: 20 July 2026

Thai succession law, family law, foreign ownership rules and estate-administration procedures can change. This entry should be reviewed whenever the Thai Civil and Commercial Code, Land Code, Condominium Act or relevant court and Land Office procedures are amended.

Location and property types

Location: Phuket, Thailand
Primary property type: Condominiums, villas, buildings, registered leaseholds, company shares and other Thai estate assets
Ownership type: Foreign freehold, Thai freehold, building ownership, leasehold and other legally registered interests
Buyer type: Foreign property owners, surviving spouses, statutory heirs and estate administrators

Verified legal and authoritative sources

• Thai Civil and Commercial Code — particularly Sections 1599, 1603, 1629, 1630 and 1635 concerning succession, statutory heirs, priority and surviving-spouse shares.
• Department of Provincial Administration will and succession guidance — official guidance identifying the six classes of statutory heirs and the surviving spouse’s status.
• Thailand Department of Lands guidance concerning inheritance without a will — official explanation of statutory heirship and inheritance registration.
• Thailand Department of Lands public guide for inheritance transfers — official documentary requirements for proving inheritance rights.
• Courts of Justice — responsible for determining disputed heirship and appointing estate administrators.
• Condominium Act B.E. 2522 (1979), as amended — relevant provisions affecting foreign heirs who inherit condominium ownership.
• Thai Land Code — relevant restrictions and approval requirements affecting foreign heirs who inherit land.
• Phuket Provincial Court and Phuket Provincial Land Office — responsible authorities for estate proceedings and registration of inherited Phuket property.

Related questions

• What happens if a foreign property owner dies without a Thai will?
• Should a foreign property owner make a Thai will?
• 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 statutory heir inherit land in Thailand?
• How is an estate administrator appointed in Thailand?
• What documents are required to prove statutory heirship?

Knowledge-catalog administration

Disclaimer

This entry provides general educational information and does not constitute legal, succession, probate, family, tax or financial advice. Statutory inheritance rights depend on family relationships, legal parentage, marriage, adoption, representation, marital property and applicable laws in Thailand and other jurisdictions. Families should obtain case-specific advice from a qualified Thai succession lawyer before transferring, selling, renouncing or distributing inherited property.