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ResourcesThai Civil and Commercial CodeBook6Book VI Title IV Administartion and Distribution of an Estate Chapter I Administration of an Estate

Book VI Title IV Administartion and Distribution of an Estate Chapter I Administration of an Estate

Page: 234

Section: 1725 - 1733

Section 1725.- The administrator of an estate shall take proper steps to seek for the interested persons and shall notify them within a reasonable time of the testamentary dispositions concerning them.

 

Section 1726.- If there are several administrators of an estate, the performance of their duties shall be decided by a majority of votes unless it is otherwise provided by the will. In case of a tie, on application of any interested person, the decision shall be given by the Court.

 

Section 1727.- Any interested person may, prior to the completion of the distribution of the estate, apply to the Court for the discharge of an administrator for reason of neglect of his duties or for any other reasonable cause.

Even having assumed his functions, the administrator may resign for any reasonable cause subject, however, to the permission of the Court.

 

Section 1728.- The administrator of an estate must begin making an inventory of the estate within fifteen days :

                  (1) From the death of the de cujus if, at such time, the administrator has knowledge of his appointment under the will entrusted to him ; or

                  (2) From the date when the administratorship begins under Section 1716 in the case where the administrator is appointed by the Court ; or

                  (3) From the date of his acceptance of administratorship in any other case.

 

Section 1729.- The administrator of an estate must have the inventory of the estate finished within one month from the time specified in Section 1728 ; but this period of time may be extended by permission of the Court on application made by the administrator before the expiration of the month.

The inventory shall be made in the presence of at least two witnesses who must be persons interested in the estate.

Persons who cannot be witnesses at the making of a will under Section 1670 cannot be witnesses for the making of any inventory under the provisions of this Code.

 

Section 1730.- Between the heir and the administrator appointed by will, and between the Court and the administrator appointed by the Court, Section 1563, Section 1564 paragraphs one and two and Section 1565 shall apply mutatis mutandis.

 

Section 1731.- If no inventory is made by the administrator in due time and form or if the inventory is found unsatisfactory by the Court on the ground of gross negligence, dishonesty or obvious incapability of the administrator, the administrator may be discharged by the Court.

 

Section 1732.- The administrator of an estate shall perform his duties and complete the account of management and distribution within one year from the dates specified in Section 1728, unless the period of time is otherwise fixed by the testator, by a majority of the heirs or by the Court.

 

Section 1733.- No approval, release from liabilities or any other agreement concerning the account of management provided in Section 1732 shall be valid unless such account has been delivered to the heirs together with any document relating thereto not less than ten days beforehand.

No action on account of the administratorship can be entered by an heir later than five years after the termination of the administratorship.