Probate Documents Thailand

Navigating Estate Matters in Thailand

Sensitive, Confidential, and Professional Notary Services for a Deceased Foreigner's Documents

A Compassionate Introduction to a Difficult Process

Dealing with the loss of a loved one is one of life's most challenging experiences. When this loss occurs abroad, the emotional distress is often compounded by a confusing and overwhelming legal and bureaucratic maze. As a foreigner in Thailand, or as a family member living overseas trying to manage the affairs of a loved one who passed away in Thailand, you are suddenly faced with a different legal system, a language barrier, and a series of urgent administrative tasks.

You may be trying to repatriate your loved one, access a local bank account to settle bills, or begin the complex process of transferring ownership of a property (condominium or house). In almost every case, you will be told you need documents "notarized" and "legalized."

At NYC Plus, we understand the sensitivity and urgency of this situation. For over 15 years, our team has assisted families and their legal representatives with the specialized notary services required to navigate estate matters in Thailand. We provide more than just a stamp; we provide a clear, professional, and confidential pathway to ensure your documents are prepared correctly, compassionately, and efficiently.

This guide is designed to explain the key notarial services you will need and the process involved. We are here to support your lawyer and your family every step of the way.

The Key Roles: Your Lawyer vs. Your Notary

When handling an estate, it is vital to understand the two different legal professionals you will need. Their roles are distinct but must work together perfectly.

⚖️1. Your Probate Lawyer (Legal Counsel)

This is the legal expert you hire to **manage the inheritance process (probate)**. Their job is to:

Provide you with legal advice.
Draft all the necessary court documents.
Draft the specific Affidavits and Powers of Attorney (POAs) you need.
Represent the estate in a Thai court to have the Will accepted or heirs officially appointed.
Communicate with banks and the Land Department to transfer assets.

□️2. The Notary Public (Our Role)

We act as the **official witness** to make your documents legally valid, especially for use in foreign courts or banks. Our job is to:

Officially verify the identity of the heirs and signatories (via Original Passport).
Witness the signing of the documents your lawyer drafted (like Affidavits and POAs).
Certify that copies of original documents (like the Death Certificate or Passport) are true and accurate.
Manage the **full legalization process** (translation, MFA, Embassy) so your documents are accepted internationally.

□ Our Policy: We Work WITH Your Lawyer

NYC Plus **supports your legal counsel, we do not replace them.** We specialize in the "execution and authentication" of documents. You or your lawyer will provide the legal documents (the "what"), and we will provide the critical service to make them legally binding internationally (the "how"). We ensure that the documents your lawyer drafts will be accepted by the Thai MFA and your home country's embassy.

Key Notary Services for Estate Matters in Thailand

When a foreigner passes away in Thailand, a specific set of documents must be gathered, created, and notarized to manage their estate. Here are the core services we provide.

1. Certifying True Copies of Official Documents

Before any bank or court will act, you must provide official, verified copies of key documents. You **must** present the original document to our notary, who will then create a "Certified True Copy."

□A. Thai Death Certificate (ใบมรณบัตร)

This is the most important document. It is issued by the local District Office (Amphoe or Khet). Foreign banks and governments will not release assets or pensions without this document.

Our Process:

You bring us the **Original** Thai Death Certificate.
We make a notarized Certified True Copy.
We provide a **Certified Translation** of this document into English (or another language).
We manage the legalization of *both* the copy and the translation at the Thai Ministry of Foreign Affairs (MFA) and the relevant embassy.

□B. Passport of the Deceased

Foreign banks, pension funds, and insurance companies will require a notarized copy of the deceased's passport to confirm their identity, nationality, and last known details.

Our Process:

You bring us the **Original Passport** of the deceased.
Our notary creates a Certified True Copy of the identification page.
This copy is then legalized for international use.

2. Notarizing Affidavits (Sworn Statements) for Foreign Courts

An affidavit is a written statement confirmed by oath or affirmation, made before a notary. In inheritance cases, foreign courts need these sworn statements to understand the family situation.

□‍□‍□‍□A. Affidavit of Heirship

This is a document where an heir (or another person familiar with the family) formally swears to the identity of all legal heirs. For example: "I, [Name], swear that [Deceased's Name] was married once to [Spouse's Name] and had two children, [Child 1] and [Child 2], who are the sole legal heirs."

Our Process: Your lawyer drafts this affidavit. You (the heir) bring it **unsigned** to our office with your passport. You sign it *in front of* our notary, who then notarizes your signature.

□B. Affidavit of Domicile

This document is used to declare the deceased's last legal residence ("domicile"). This is critical for tax purposes, as it helps determine which country's inheritance tax laws apply.

Our Process: Your lawyer drafts the statement (e.g., "I swear that [Deceased's Name] was a citizen of France and his permanent legal residence was in Paris, France, although he resided in Thailand..."). You sign this affidavit in front of our notary.

3. Notarizing a Power of Attorney (POA) for Probate

If the deceased held assets in Thailand (like a bank account, car, or condo), a Thai court must appoint an "Executor" to manage the estate. This is called **probate**. If the legal heirs (e.g., family) live overseas, they cannot manage this process themselves.

The Solution: The heirs must sign a Power of Attorney (POA) to appoint a Thai lawyer as their legal representative to handle the probate case in Thailand.

Our Process (for Heirs in Thailand):

The heir(s) fly to Thailand.
Their Thai lawyer drafts the specific POA for the probate case.
The heir(s) come to our office with their **original passports** and the **unsigned POA**.
They sign the POA in front of our notary.
We then notarize their signatures, making the POA valid for use in the Thai court system.

This single act allows your lawyer to proceed with the entire inheritance process without you needing to remain in Thailand.

Notarizing a Power of Attorney for probate

The Most Critical Step: The Legalization Process

This is a fact that many clients tragically learn too late: **A document notarized by a Thai notary is useless abroad *until* it is legalized.**

A bank in France, a court in Australia, or a pension office in the UK has no way of knowing if our notary's stamp is real. They only trust the stamp of their *own* embassy, and the embassy will only stamp a document that has *first* been stamped by the Thai Ministry of Foreign Affairs (MFA).

This creates a mandatory 3-step "chain of authentication":

Step 1: Notarization (Our Office)

Our licensed attorney-notary certifies your document (e.g., the Certified True Copy of the Death Certificate and its translation).

Step 2: Thai Ministry of Foreign Affairs (MFA)

We take the notarized document to the MFA Legalization Division in Bangkok. Their officers verify our notary's registered signature and affix the official government seal of Thailand.

Step 3: Foreign Embassy Legalization

We take the MFA-stamped document to the embassy of the country where it will be used (e.g., the Russian Embassy, French Embassy, etc.). The embassy consul verifies the MFA's stamp and adds the final embassy seal. The document is now legally valid in that country.

This entire process is complex, time-consuming, and requires multiple trips to different government offices. NYC Plus specializes in this **full one-stop-service**, managing the entire chain for you quickly and without errors.

Learn More About Our Full Legalization Service

Checklist for Family Members: What to Prepare

When you first contact us, having these documents and information ready will speed up the process significantly. Please try to locate the **originals** where possible.

Document Checklist

✓

Deceased's Original Passport: Essential for identity verification and cancellation.

✓

Original Thai Death Certificate (ใบมรณบัตร): The "master document" issued by the Amphoe/District Office.

✓

Original Last Will and Testament: If one exists, either from Thailand or from the deceased's home country.

✓

Your (the Heir's) Original Passport: We must verify your identity to notarize any POA or Affidavit.

✓

Original Title Deeds (Chanote): For any condominium or land owned by the deceased in Thailand.

✓

Thai Bank Books: For all known bank accounts held by the deceased in Thailand.

✓

Marriage Certificate / Birth Certificates: To help prove your status as an heir (Affidavit of Heirship).

Our Assurance: Confidentiality and Sensitivity

We understand that handling estate documents involves your family's most private personal and financial information. This is a responsibility we take with the utmost seriousness.

□Absolute Confidentiality

All our notarial attorneys are bound by the Thai Lawyers' Act regarding **strict attorney-client privilege and confidentiality**. Your personal information, financial details, and family matters will never be disclosed to any third party, except as legally required for the legalization process (i.e., submitting to the MFA).

□Professional & Compassionate Service

Our team is trained to handle these situations with empathy and discretion. We know you are navigating a difficult time, and our goal is to make the administrative part of this process as clear, simple, and stress-free as possible. We provide a secure, private environment for all consultations and signings.

FAQ for Estate Matters

What is the first document I need to notarize after a foreigner passes away in Thailand?

The most critical document is the official Thai Death Certificate (ใบมรณบัตร, Morana Bat) issued by the local Amphoe (District Office). This document is the legal proof of death required by all banks, courts, and embassies. We provide notarized 'Certified True Copies' of this document and certified translations, which are necessary for the subsequent legalization process.

Why do I need an 'Affidavit of Heirship'?

Foreign courts and banks often don't understand Thai inheritance law. An 'Affidavit of Heirship' is a sworn legal statement, signed by a family member in front of our notary, that formally identifies all the legal heirs to the deceased's estate (e.g., 'I swear that I am the legal spouse and my two children, [Name] and [Name], are the only heirs'). This simplifies the probate process abroad.

Can I (the heir) handle the probate process from my home country?

It is extremely difficult. You will almost certainly need to appoint a lawyer in Thailand to act on your behalf. To do this, you must sign a 'Power of Attorney (POA) for Probate'. You can either fly to Thailand to sign this POA in front of our notary, or we can guide you on how to sign it in your home country and have it legalized for use in Thailand.

Can NYC Plus be my probate lawyer?

Our role is that of a Notary Public and translation service. We do not act as your probate lawyer. Our function is to **support** the lawyer you have chosen. Your lawyer will draft the necessary legal documents (like POAs and Affidavits), and we will then perform the crucial step of notarizing and legalizing them so they are accepted by the courts and embassies. We work in tandem with your legal counsel.

What documents should I try to find first?

Our checklist section has a full list, but the most important items to secure are: (1) The deceased's original Passport, (2) The original Thai Death Certificate (from the Amphoe), (3) Any known Will (Last Will and Testament), (4) Original Title Deeds (Chanote) for any property, and (5) Bank books for any Thai bank accounts.

Do these documents need MFA and Embassy legalization?

Yes, 100%. Any Thai document (like the Death Certificate) being sent to a foreign country (e.g., to a bank in the UK) MUST be legalized by the Thai Ministry of Foreign Affairs (MFA) and then by the embassy of that country (e.g., the UK Embassy in Bangkok). We manage this entire complex and time-consuming process for you with sensitivity and professionalism.

My loved one's passport was kept by the hospital/police. How can I get it notarized?

This is a common situation. Usually, the passport is transferred to the deceased's embassy. You will need to coordinate with the embassy's consular section. They can often provide you with a certified copy themselves, or you may need to request the original for us to certify. Contact us, and we can advise based on your specific embassy's protocol.

The deceased had a Will made in their home country. Is it valid in Thailand?

Often, yes, but it must be processed through the Thai courts. A foreign Will must be translated into Thai, notarized as a true copy (of the original Will), and submitted to the Thai court with your probate application. We can provide the certified translation and notarization of the foreign Will for your lawyer to use in court.

How long does this all take?

The notarization itself is fast (less than an hour *by appointment*). The full legalization process (Translation + Notary + MFA + Embassy) can take anywhere from 1 to 3 weeks, depending on the embassy's processing times. The full probate court case in Thailand, managed by your lawyer, typically takes 3 to 6 months. Our job is to get the document part done as fast as possible so your lawyer can start.

Contact us for sensitive and professional assistance.

We are here to help you through this difficult administrative process with clarity and discretion.
Contact our team for a confidential consultation.

Call: 081-562-0444 Line: @NYCLI

Contact Information

Call Center: 081-562-0444, 083-249-4999

Email: [email protected]

Online Service (Line): Mon-Sun, 09:00 - 18:00

Bangkok Office Hours: Mon-Fri, 09:00 - 18:00 (Appointments required for notary services)

See what our clients say:
Read our Google Reviews

Our Main Offices & Nationwide Network

Our main offices are in Bangkok, Khon Kaen, and Udon Thani, with partners covering all 77 provinces of Thailand, including Pattaya, Phuket, and Chiang Mai.

□Bangkok (Head Office)

61 Soi Lat Phrao 95, Khlong Chaokhun Sing, Wang Thonglang, Bangkok 10310
Get Directions on Google Maps

□Khon Kaen Office

95 The Wall Project, Ruen Rom Rd, Nai Mueang, Mueang Khon Kaen, 40000

□Udon Thani Office

31/43 Si Chom Chuen Rd, Mak Khaeng, Mueang Udon Thani, 41000

Our partner network allows us to serve you wherever you are. Here are some of our key partner locations:

Pattaya (Chonburi): 415/17 Chaloem Phrakiat 18

Phuket: 114/12 Patiphat Rd, Talat Nuea

Chiang Mai: 140/74 M.2 Nongpakrang

Rayong: 99 Sukhumvit Rd, Tha Pradu

Hua Hin (Prachuap Khiri Khan): 31/768 Railway West Road

Bangkok (Watthana): 88/8 Sukhumvit 55 (Thonglor)

Bangkok (Sathorn): Sathorn Square Building

Bangkok (Klongtoei): Emporium Tower

Bangkok (Bang Rak): United Center, Silom

Related Services

Our expertise goes beyond notarization. We are your full-service partner for legal and visa paperwork in Thailand.

MFA & Embassy Legalization Guide

Power of Attorney (POA) Service

Top 10 Notary Mistakes to Avoid

Main Notary Public Services

Certified Translation (Death Certificate)

Marriage & Family Documents

Probate Documents Thailand

Navigating Estate Matters in Thailand

A Compassionate Introduction to a Difficult Process