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Thai Probate Judgement And Property Title Transfer?

Transcript of the above video:

As the title of this video suggests, we are discussing "probate". Now again I put "probate" in quotation marks because probate, Thailand doesn't utilize probate although it is a mechanism that is so similar you could pretty well say it's the same, but it's not the same, it actually isn't. It operates under a different type of legal theory notably Civil Law as opposed to the Common Law that most folks in the Anglosphere and the United States are used to dealing with. But long story short, Thais call it succession, we call it probate in the common law vernacular; it kind of adds up to the same thing.

The point of this video is what happens in the event of a final judgment from the "Probate" Court, the Thai Court that reviews a given Will and makes a judgment on it? Well in the event of final judgment with regard to property, it is possible at that point for the property to at that point be conveyed. So it is now at that point, so once you have got the judgment issued, you can go ahead and start dealing with the Land Office to go ahead and get the name on the title changed. Now that is its own procedure that operates after you are done dealing with the Courts with regard to the Will itself. That procedure itself can be a little bit time consuming but it has been our experience that quite frankly the Land Department is rather helpful in facilitating the transfer of that type of property. Now some taxes may come into play again depending on the underlying circumstances in the case.

But for those foreigners out there, this is quite complicated and if you are dealing with real property in Thailand and real property transfer in the event of the passing away of a loved one, it might not be a terrible idea to contact a legal professional, gain some insight and guidance into how best to proceed.