Why You Still Need Probate in Thailand Even With a Will

You wrote a will. You signed correctly. You stored the original. Your family still needs probate in Thailand. Many people feel confused at this point. Probate is not a sign your will failed. Probate is the legal process the court uses to confirm who has authority to manage the estate.

A will explains your wishes. Probate gives legal power to act on those wishes. Without probate, your executor has no court-recognized status. Banks, land offices, and many institutions will not release assets based on a will alone. They ask for a court order. They want proof that the person dealing with the estate has legal authority.

Probate in Thailand usually focuses on two things. First, the court confirms the will is valid. Second, the court appoints an estate administrator. This person is often the executor named in the will. Once appointed, the administrator can collect assets, pay debts, and transfer property to heirs.

Here are common examples where probate matters.

Bank accountsYour heirs cannot walk into a bank with a will and withdraw funds. The bank often freezes the account after death. The bank requests a court order appointing an administrator. The bank also requests supporting documents, such as death certificate and identity documents.

Condo or land transfersA land office needs legal authority before changing ownership. Your heirs need the court appointment order. Without it, the land office will not register the transfer. This applies even when the will clearly names the heir.

Vehicles and other registered assetsTransfers often require proof of authority. Agencies want the court order and supporting documents.

Company sharesA company may refuse to update the share register without a court appointment order. Directors want a clean legal basis before they recognize a new shareholder.

Foreign heirs and cross-border estatesIf heirs live overseas, probate becomes more important, not less. Institutions want clarity. The court order also helps with later steps outside Thailand.

Probate also protects against disputes. The court process gives a formal checkpoint. Interested persons have a chance to object. If no one objects and the will meets legal form, the appointment becomes strong evidence. This reduces later challenges.

You can reduce probate friction through planning.

Write your will with clear names and asset details.Name an executor who is capable and reachable.Keep the original in a known place.Prepare a folder with key documents, passport, marriage certificate, house registration, land title deeds, bank book details, and company documents.Tell your family where the folder is kept.

Example. You own a condo in Chiang Mai, you have a Thai spouse, and you keep savings in a Thai bank. Your will leaves the condo and bank funds to your spouse. After your death, the bank freezes the account. The land office refuses transfer until an administrator is appointed. Probate gives your spouse legal authority to handle both. Your will guides the court on who should receive the assets. Probate makes the transfer possible.