Inheritance is all assets. including the rights, duties and responsibilities of the deceased which the deceased existed before or at the time of his death except that by nature it is truly the identity of the deceased
An administrator of an estate is a person who has been appointed by the court. to perform the task of collecting assets and divide the inheritance to the heirs who are entitled to receive
The trustee has two sources: as stated in the will. or by court order
There are 6 statutory heirs.
1 Descendants, including children recognized by their fathers by circumstance
2 parents
3 brothers and sisters of the same parents
4 brothers and sisters or share the same mother
5 Grandparents, grandfathers, grandmothers
6 uncles, aunts, aunts
for husband and wife Marriage registration is required only.
person who has the right to submit an application
» A statutory heir who has the right to inherit or the legatee
» Stakeholders such as wives who have not registered their marriage, etc.
» Public Prosecutor
Property Manager
1 At least 20 years of age
2 Not an insane person or a virtual incompetent person
3 Not Bankrupt
Supporting Documents
1 Document showing the relationship between the petitioner and the deceased, such as birth certificate, marriage certificate, house registration, identification card, etc.
2 death certificates
3 Documents related to inheritance such as title deeds, condominium ownership certificates bank passbook car registration Firearm registration, etc.
4 kinship accounts
5 Letter of consent to be an administrator of the estate from the heir
6 wills (if any)
7 An important document showing the name-surname change (if any)
court fees
1 court fee 200 baht
2 Newspaper announcement fee 500 baht
3 Closing notice at the deceased's domicile or district office According to the court's subpoena rate 300 - 700 baht
Processing time
When the petition has been submitted to the court The hearing of the petition will be scheduled for approximately 2 months. After the investigation of the petition is completed, the petitioner can request a copy of the order appointing the trustee. with the final case certificate for further use
jurisdiction
1 According to the domicile of the heir
2 If there is no domicile in the country to go to the court where the property is located
Powers of the trustee
The trustee has the right and duty to take necessary actions. to manage the inheritance in general and is responsible for collecting inheritance to divide to statutory heirs or heirs as well as to pay the debts of the deceased to the creditors Make inheritance and management accounting entries. which must be managed in a way that is beneficial to the inheritance cannot do any juristic act against the inheritance
If the trustee neglects to perform duties such as concealing the inheritance to the heirs or ignore the inheritance An heir who is entitled to an inheritance or an interested person may request the court to order the withdrawal of the administrator of the estate.
Duties of the trustee starting from the date the court has issued the following order
1 Prepare an inheritance account within 15 days and must be completed within 1 month. If not completed, you can request permission from the court to extend the period.
» Inheritance Account There must be 2 witnesses, which must be heirs who have interests in the estate as well.
» Must include property listing Claims, money, value and number of creditors How much is the total amount?
» If not completed within the specified time and according to the prescribed form or the account is not satisfactory to the court because of gross negligence or fraud or the apparent inability of the trustee The court may withdraw the administrator of the estate.
2. Must manage to make a report showing the management account. and share the inheritance to all heirs to be completed within 1 year from the date the court ordered the appointment by the majority of the heirs or the court will prescribe otherwise.
3 The trustee has no right to receive a gratuity from the estate. Unless the will or the heir of the majority of the votes are determined.
4 will do any juristic act in which he has no interest against the inheritance unless the will has been permitted or permitted by the court
5 have to manage the inheritance on their own
6 If the administrator of the estate enters into a juristic act with a third person for the sake of any property or any other benefits that third parties have given or has pledged that it is a personal fortune that will not bind the heir unless the heir agrees
7 There must be a reasonable investigation of the stakeholders and notify the will of the will with respect to the stakeholder within a reasonable time.
8. The heir must inform the trustee of all assets and liabilities of the deceased as he knows to the trustee.
9 The administrator of the estate must allocate the inheritance and deliver it promptly by paying off the inheritance debt (if any) first.
End of being a trustee
1 die
2 resignation, which requires permission from the court but if there is any damage during the function must be responsible
3, the court has ordered the withdrawal
4 Become a person who has prohibited qualifications such as bankruptcy insane person or virtual incompetence, etc.
5 The management of the inheritance is over. and starting to count the age of inheritance management 5 years in case the heir has been damaged
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