What does my family have to do if I die without a will?
Generally, if someone die without a will, there are two types of succession. One is through a Will and other through intestate succession.
If someone die with a will, then the property or estate of the deceased will be distributed according to the will. On the other hand if someone die without a will, then the property and estate of the deceased will be distributed through intestate succession, which is prescribed by law.
Ultimately, every sovereign state has their own style in dealing with intestate succession procedure. Which determines whether the property or estate of the deceased should be given to their spouse, children, parents, and or siblings.
Under section 1629 of the Civil and Commercial Code of Thailand there are 6 classes of statutory heirs, who are entitled for intestate succession. The Thai intestate inheritance law was designated in such a way that, if there is any surviving heir in one of the classes then the surviving heir in a lower class is not entitled to any inheritance.
If two or more heirs of one class are surviving, then all the surviving heir of that class will be entitled to inheritance. The Thai courts will then distribute the property or estate of the deceased, equally among them.
The surviving spouse is a statutory heir but their entitlement depends on what other class of statutory heir exists. If there are surviving children of the deceased, the spouse and children take the estate or the property between them equally.
The spouse normally receiving 50% and the children splitting the remainder. Therefore, if there are two children, then the estate or the property of the deceased is divided in to three shares shares.
Procedure for Intestate Succession in Thailand:
The procedure under intestate succession is a lengthy process. Firstly, a lawyer needs to be hired to start the process of intestate succession. In order to inherit the property of a deceased person in Thailand, it is necessary to obtain a probate order from the Thailand Probate court.
To issue an such order, the petitioner(a person who makes application to court) has to prove that he or she is the statutory heir of the deceased.
The court order will then determine the legal statutory heirs of the deceased. Once such an order is passed by the court then the heirs will distribute the property. Any such distribution then also has to be approved by the court.
Meanwhile, probate of an estate is created, whereby the property of the deceased will be protected. The probate administration will make sure that the property or the estate of the deceased is distributed among the statutory heirs equally without any discrimination.
Conclusion of What does my family have to do if I die without a will? :
One of the biggest mistakes that property and estate owners make is, not having a will. If there is no will then intestate succession are required by law to be followed. which is an expensive legal situation, as well as time taking process. And, also it can lead to lot of difficulties family in-fighting between statutory heirs.
All of which could be avoided by a simple legal document that can be put in place in a matter of days.
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