How to Inherit Property in Thailand as a Foreigner: Condo, Land, Lease and Better-than-Freehold™

Can a Foreigner Inherit Property in Thailand? #

Foreigners cannot buy freehold land in Thailand, with narrow exceptions: Land Code section 96 bis allows up to 1 rai for residence, with the Minister's approval, for a qualifying investment above THB 40 million. Inheritance is a separate, narrow gateway.

• Can a foreign heir keep an inherited condo in Thailand?
• Can a foreigner inherit land in Thailand?
• What happens to a lease in Thailand when the tenant dies?
• Do usufruct, superficies, and Sap Ing Sith rights pass to heirs?
• Should a foreigner make a Thai will or rely on a home-country will?
• How does Thai probate work for foreigners, and how long does it take?
• What do heirs need at the Land Office?
• How does Better-than-Freehold™ handle succession?
• FAQ Section
• Related Terms
• Expert Guidance
• Conclusion

Can a foreign heir keep an inherited condo in Thailand? #

A foreign heir can keep an inherited condominium unit only if the heir qualifies under section 19 of the Condominium Act. An heir who does not qualify must notify the competent official in writing no later than 60 days after acquiring the unit and sell it within one year. Inheriting the unit does not, by itself, qualify the heir.

Section 19 lists the qualifying categories, including foreigners permitted to reside in Thailand and foreigners who bring in foreign currency. Even a qualifying heir must sell any inherited unit that takes the building past its foreign quota, under section 19 quinque of the Land Department's text of the Act. Our guide to the condominium foreign quota explains the 49% ceiling.

Both routes can apply to a statutory heir or a person named in a will, subject to the separate qualification and quota tests. This makes the condominium route wider than the land route, because Land Code section 93 applies only to statutory heirs. Miss the relevant deadline and the Director-General may sell the unit under the statutory process.

Can a foreigner inherit land in Thailand? #

A foreigner can inherit land in Thailand only as a statutory heir and only with the permission of the Minister of Interior, under section 93 of the Land Code. The inherited land, added to any land already held, cannot exceed the section 87 ceilings, which allow 1 rai per family for residence. Without permission, the heir must sell.

The official procedure on info.go.th puts processing at around two months. Where no administrator is registered on the title, the claim is first posted publicly for 30 days under section 81. The Director-General decides for Bangkok land; a provincial governor decides elsewhere. Section 93 speaks only of a statutory heir, so a foreigner named only in a will falls outside its wording.

Under section 94, the Director-General sets a disposal deadline of not less than 180 days and not more than one year. If the land is not disposed of in time, the Director-General may sell it under the Land Code’s compulsory-disposal process. The sale price is payable to the person entitled to it. Once the formal disposal notice is given, any lease over the plot ceases to have effect.

Heirs of an at-risk property-owning company inherit its shares and its exposure: forced sale of the land under the Land Code, paired with court-ordered cessation of the shareholding under section 36 of the Foreign Business Act. Divestment is simpler while the owner is alive.

What happens to a lease in Thailand when the tenant dies? #

Thai courts have traditionally treated an ordinary lease as personal to the tenant, so it ends when the tenant dies and does not pass to the heirs. Supreme Court jurisprudence since 2016 recognises an important exception: where the lease allows the tenant to assign or sublet, the remaining term of the original lease can pass to the heirs.

The landlord's death, by contrast, does not end a lease; the landlord's heirs must honour it to the end of the term.

A lease meant to outlive its tenant should permit assignment and subletting and carry an express succession clause and be registered at the relevant Land Office; a bare heirs clause on its own is untested at the highest court level. Registering the heirs costs circa 1% of the rent for the remaining term. No clause can push the term past 30 years, as our analysis of whether a 30-year lease is safe explains.

Do usufruct, superficies and Sap Ing Sith rights pass to heirs? #

A usufruct never passes to heirs: section 1418 of the Civil and Commercial Code provides that it always ends when the holder dies, even if a fixed term remains. A superficies passes to heirs unless the deed creating it says otherwise. A Sap Ing Sith right is transferable, mortgageable and inheritable under section 12 of its Act.

A usufruct gives a surviving partner a home for life and leaves nothing to hand down; see our guide to usufruct rights and their limits.

A superficies is registered to heirs for a flat THB 50 per plot. Sap Ing Sith is capped at 30 years and grants a right to use the property, not ownership; read our Sap Ing Sith explainer before relying on it.

Should a foreigner make a Thai will or rely on a home-country will? #

A foreigner with Thai assets should usually make a Thai will. Under the Act on Conflict of Laws, succession to immovable property is governed by the law of the place where the property is located, so Thai law decides who inherits Thai real estate. A home-country will can be valid in form, but it still needs approval from a Thai court.

Section 40 of that Act accepts a will made in the form of the testator's nationality or of the place it was signed. But a foreign will's executor has no power over Thai assets until a Thai court appoints them.

A Thai will is simple to make. Section 1656 of the Civil and Commercial Code requires a written, dated document signed in front of two witnesses who sign at the same time. Choose heirs with care, because a specific business tax of 3.3% of the appraised value can apply where property passes under a will to someone who is not a statutory heir.

How does Thai probate work for foreigners, and how long does it take? #

Thai probate is a court petition to appoint an administrator of the estate, under section 1713 of the Civil and Commercial Code. Any heir may file where, for example, another heir is abroad. With a Thai will and agreeing heirs, a petition typically takes three to six months to a usable order, then about a month to become final.

Treat that timing as typical, not fixed; without a will, expect four to eight months. The South Bangkok Civil Court, part of Thailand's Court of Justice, asks for a list of relatives on its own form and consent letters from the other heirs. The court fee is THB 200.

Foreign-language documents need a certified Thai translation, for example, from the relevant embassy.

What do heirs need at the Land Office? #

Heirs need the original title deed or condominium title, identity documents for each heir and the administrator, evidence that each recipient is a lawful heir, and the original court order or will appointing the administrator. For a condominium unit, the juristic person must issue a letter confirming that no common fees are owed.

The Land Department's manual for inheritance registration with an administrator sets the fees. Registration between ascendants and descendants, such as parents and children, or between spouses, costs 0.5% of the appraised value; other heirs pay 2%.

Any tax beyond these fees depends on each heir's circumstances and residence; the Revenue Department administers Thai inheritance tax.

How does Better-than-Freehold™ handle succession? #

Better-than-Freehold™ handles succession by design. The client's rights are held by a trust for the client, and the corporate trustee does not die, so the beneficial interest passes to heirs under the trust terms without Thai probate. This is a feature of the procedure; it does not settle any heir's tax position.

Compliance comes first. Thailand Investor Network, a 100% Thai-owned property holding and management company, holds legal title, with no foreign funding or control. No land title passes to a foreign heir, so the section 93 permission and the section 94 deadline never come into play.

Security follows. The structure uses four principal instruments: a registered 30-year lease and a registered first-priority mortgage, a year-30 Option Agreement appended to the mortgage, and a share pledge. SPH Trustees Ltd, a Labuan FSA-regulated trust company, holds those rights for the client, so the lease sits with a trustee rather than a tenant who can die. Clear Blue Security Agents (CBSA) mediate and enforce.

The benefits complete the picture: resale by assignment of the trust interest, and succession without Thai probate. Only property held through a Thai company can move into the structure; an existing lease cannot be converted. Retirees should read our guide to securing a long-term home.

FAQ Section #

Related Terms #

• Usufruct in Thailand: Rights, Limits and Risks
• Sap Ing Sith and Rights-Based Property
• Condominium Foreign Quota: The 49% Rule
• Is a 30-Year Lease in Thailand Safe?

Expert Guidance #

A lease that ends with its tenant can only be redrafted while the tenant is alive. Sort each asset into its bucket now, and if property sits in a Thai company, speak to the advisory team about divestment and succession.

Conclusion #

A condominium unit or a plot of land can be kept only within narrow limits, an ordinary lease ends with its tenant, and a usufruct ends at death; everything else becomes a sale on a deadline. Better-than-Freehold™ is built so the trust interest passes without Thai probate.

This article is provided for general information only and does not constitute legal, tax, or investment advice. Laws and enforcement practices change; obtain advice tailored to your situation before acting.