Appointing an Estate Administrator: Documents Needed and How Long It Takes

Petition to Appoint an Estate Administrator: Documents and How Long It Takes

This article is for heirs who have been told by a bank or the Land Office that a court order appointing an estate administrator is needed before they can withdraw money or transfer the deceased's property.

The short answer: yes, it can be done by filing a petition with the court. This is a petition with no opposing party. If the heirs agree, it is usually more straightforward than a case where someone objects. The first step is to gather the death certificate, house registration, documents showing who the heirs are, and the heirs' written consents. The actual time depends on the court and on whether anyone objects.

What is an estate administrator?

An estate administrator is the person with authority to manage the deceased's property on behalf of all heirs: collecting assets, paying debts and distributing property to those entitled. The administrator may be named in a will, or appointed by the court on a petition.

Where are you now?

The death has just occurred and the heirs agree

Obtain the original death certificate from the district office or local registry. Prepare a family tree showing the spouse, children and parents of the deceased, and begin collecting a consent letter from each heir with a copy of their ID card.

The deceased left a will naming an administrator

Keep the original will safe and make no marks on it. Even where a will names the administrator, some agencies still ask for a court order. See the article on making a will for more.

Some heirs live abroad or cannot be reached

Gather their latest address, contact details and proof that you tried to reach them. A consent signed abroad may need extra certification; a lawyer will advise how.

Someone has said they will object

This article focuses on cases with no dispute. If there is an objection or an heir refuses to share the estate, see the article on siblings refusing to divide an inheritance, and note who objects and why.

What not to do

• Withdraw money or sell assets before the court order. Other heirs may later claim you acted without authority.
• Sign on behalf of another heir in a consent letter. Forging a signature is a criminal offence; each heir must sign personally.
• Leave an heir off the family tree. The court needs complete heir information, and concealment can cause problems later.

Steps under the law

1. Choose the court. Generally this is the court where the deceased was domiciled at the time of death. For example, if the deceased lived in Pak Kret, the relevant court is the Nonthaburi Provincial Court. A lawyer will confirm the correct court.
2. File the petition. File in person at the court, or in some cases online through the Courts of Justice e-Filing system: when all heirs consent and do not object, or when the will names the petitioner as administrator, and only at courts that offer the service.
3. The court sets a hearing. The court announces the hearing date through the e-Notice system. Anyone wishing to object must file before the hearing date. The length of the notice period depends on the court's practice.
4. The hearing. The petitioner testifies and presents evidence of the right to be administrator. The court then makes its order.
5. Wait for the order to become final. It becomes final once the appeal period passes. Then request a certificate of finality from the court to use with the bank or Land Office.
6. Use the order. Take it to banks, the Land Office or the vehicle registry for each asset. Each agency may ask for additional documents.

After appointment: the administrator's duties

The administrator must prepare an inventory of the estate within 1 month of knowing, or when they should have known, of the appointment (Civil and Commercial Code sections 1728 and 1729) and must complete the administration within 1 year of starting (section 1732). The court or the heirs may extend the time depending on the circumstances.

An administrator can be sued by heirs over the administration, with a limitation period of 5 years from the end of the administration (section 1733, paragraph 2).

Documents a lawyer needs to see before assessing your case

• Death certificate of the deceased
• House registration and ID cards of the deceased and the petitioner
• Marriage or divorce registration of the deceased (if any)
• Birth certificates or other proof of heirship, with a family tree
• Each heir's consent letter with a copy of their ID card
• The original will (if any)
• A list of estate assets such as land title deeds, bank books, vehicle registration books
• Other documents particular courts require, such as proof of conduct or of not being bankrupt; a lawyer will check the practice of the relevant court

Relevant laws

• Civil and Commercial Code, section 1713: an heir, an interested person or the public prosecutor may ask the court to appoint an administrator.
• Section 1718: minors, persons of unsound mind, quasi-incompetent persons and bankrupts cannot be administrators.
• Sections 1728 and 1729: the administrator must prepare an inventory of the estate.
• Section 1732: the administrator must complete the administration within 1 year of starting.
• Section 1733, paragraph 2: a 5-year limitation period for suing an administrator over the administration.
• Civil Procedure Code: filing petitions and choosing the court with jurisdiction.

Frequently asked questions

Who can apply to be an estate administrator?
An heir, a person interested in the estate, or the public prosecutor may ask the court to make the appointment under section 1713. The court considers each case individually.

Who cannot be an administrator?
Minors, persons of unsound mind or quasi-incompetent persons, and bankrupts, under section 1718.

Can I file online?
In some cases: when all heirs consent and do not object, or the will names the petitioner, and only at courts that accept e-Filing. A lawyer will check whether the relevant court accepts online filing.

If there is a will naming an administrator, must I still go to court?
In practice banks and Land Offices often ask for a court order as well, but practice differs between agencies. A lawyer can review the will and ask the relevant agency.

How long does it take, and what are the court fees?
There is no fixed time. It depends on the court's schedule, the notice period and whether anyone objects. As for court and announcement fees, the lawyer will state those at the rates actually in force at that court.

What must I do after being appointed?
Prepare the inventory within 1 month of knowing, or when you should have known, of the appointment, complete the administration within 1 year, then distribute the assets under the will or the law. If time runs short, the court or heirs may extend it.

Can the administrator sell land alone?
Only as needed to administer the estate. The administrator owes duties to all heirs and may not enter into transactions where their own interest conflicts with the estate (sections 1719 and 1722). A lawyer will check the details case by case.

Summary

Applying to appoint an estate administrator is a step many heirs have to take. If the heirs agree and the papers are complete, it often goes more smoothly, but the court, timing and required documents depend on the facts of each case. Readers may bring the documents listed above to a lawyer to check their specific situation.