In short: A condo in Pattaya can be passed on without any problem: qualified foreign heirs (with a residence permit, BOI status or documented foreign-currency transfer) may keep it within the 49 percent foreign quota and have it transferred into their name. Non-qualified heirs must report the inheritance within 60 days and sell within one year. A separate Thai will is recognised by the courts considerably faster. Thai inheritance tax only applies above 100 million baht.
Hardly any buyer thinks about inheritance when purchasing their condo in Pattaya. That is understandable, because the purchase itself takes centre stage. Yet this is exactly where a costly oversight often arises. Anyone who owns a property in Thailand and makes no provision leaves their loved ones, in the worst case, facing a lengthy procedure and a forced sale under time pressure.
In this article I will explain the complete reality of succession law for a condo in Pattaya. Who is even allowed to inherit, what the much-discussed one-year deadline means, why a Thai will is practically mandatory for international buyers, and how to protect your family cleanly. Honestly, and in line with the applicable rules of the Condominium Act. One thing up front: I am a real estate agent, not a lawyer. For the legally binding drafting of your will, please consult a lawyer who specialises in Thailand.
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Why succession law is so often forgotten when buying in Pattaya
In my advisory work I see it again and again: the purchase is completed, the apartment registered, everything is fine. At that moment, no one is thinking about inheritance. Yet it is precisely the cross-border setup, a property in Thailand and heirs in Germany, Austria or Switzerland, that is an area where a lack of provision becomes genuinely expensive.
The reason is simple: Thai succession law applies to a property in Thailand, not German law. Anyone who does not know this and has only a German will forces their heirs into a double, slow procedure. With the right preparation, on the other hand, the transfer is straightforward. The good news up front: everything you need can be arranged with manageable effort.
- A foreign heir must qualify for ownership under Section 19 of the Condominium Act, otherwise the one-year sale deadline applies
- A separate Thai will significantly speeds up the estate process
- The FET certificates from the original purchase should be kept permanently
Who may inherit a Thai condo: the basic rule
The central provision is Section 19 of the Thai Condominium Act. It states that a foreigner can only have a condominium registered in their name if they meet one of the statutory requirements. These include, above all: a permanent residence permit in Thailand, promotion under the Investment Promotion Act, or proof that the capital was properly brought in as foreign currency from abroad.
For inheritance, this means there are two categories of foreign heir.
Qualified heirs. Anyone who meets the requirements of Section 19 and whose registration does not exceed the building's 49 percent foreign quota may keep the apartment and have it registered in their name. That is the ideal case.
Non-qualified heirs. Anyone who does not meet the requirements may not permanently hold the apartment as a foreign owner, even if the quota would not be exceeded. For these heirs, the one-year deadline applies.
| Heir category | Requirement | Consequence |
|---|---|---|
| Qualified heir | Residence permit, BOI promotion or foreign-currency inward transfer, and 49% quota not exceeded | May keep and register the apartment |
| Non-qualified heir | does not meet any Section 19 requirement | Must sell within 1 year |
In practice, many foreign heirs cannot register the apartment in their name because they do not hold a residence permit in Thailand. That is no disaster, but it does require planning. You can read more about the basics of ownership and the foreign quota in my article Off-Plan in Pattaya 2026.
The one-year deadline for non-qualified heirs
This is the point that is relevant for most international families. If a foreigner who does not qualify under Section 19 inherits a condominium, they must do two things. First: they must inform the competent authority in writing within 60 days. Second: they must dispose of the apartment within one year from acquiring it by inheritance.
If the heir does not sell the apartment within this period, the competent official can arrange the disposal. This is precisely the scenario you want to avoid: a sale under official time pressure, often not at the best price.
The one-year deadline is not a risk if you know about it. It only becomes a problem when the family is unprepared.
Alexander ReifenschneiderIt is important to understand: the deadline does not mean that the inheritance is lost. The heir receives the sale proceeds. It is simply that foreign ownership cannot be permanently registered to a non-qualified person. Anyone who plans for this early can manage the sale calmly and at a good price, rather than coming under pressure. I describe how resale in Pattaya works in detail in my article on the resale market.
Why a Thai will is mandatory for international buyers
By far the most important provision you can make is a separate Thai will that governs exclusively your assets in Thailand. Many buyers have a German will and assume it also applies in Thailand. In practice, this is a misconception that can cost the heirs months or years.
To be applied in Thailand, a German will has to be translated, certified and recognised in a Thai estate procedure. That is laborious and slow. A will drawn up directly in Thailand, on the other hand, covering only the Thai property and any Thai bank accounts, is recognised by the Thai probate court considerably faster.
One thing is crucial here: the Thai will must not inadvertently revoke the German one. For that reason it should expressly govern only the Thai assets and refer to the existing German will. This is exactly a matter for a lawyer who specialises in Thailand, and I am happy to connect my buyers with one.
The inheritance process: step by step
So that you know what your family will face if the worst happens, here is the typical process.
1. Notification and estate procedure. The heirs appoint an estate administrator, who is appointed by the Thai court. With a clear Thai will, this goes considerably faster. A non-qualified foreign heir additionally reports to the competent authority within 60 days.
2. Gathering the evidence. Among other things, the Chanote (title deed), the original sales contract and the FET certificate from the original purchase are required. Hence my urgent advice: keep these documents permanently. You can read about how important the FET certificate is in my money-transfer guide.
3. Registration or sale. Qualified heirs have the apartment registered in their name. Non-qualified heirs sell within the one-year deadline and receive the proceeds. For any later transfer of the sale proceeds back abroad, clean FET documentation is once again a help.
Inheritance tax: Germany and Thailand
On the subject of tax, there are two sides to consider. On the Thai side, there has been an inheritance tax since 2016, but it only applies from an estate value of 100 million baht. For the typical international-buyer situation, it is therefore practically irrelevant.
On the German side, things look different. Anyone who is liable for tax in Germany is in principle subject to German inheritance tax on their worldwide assets, including the property in Thailand. Here it comes down to allowances, the degree of kinship and the individual situation. This is no cause for concern, but it is a clear case for early advice from your tax adviser. My article on the taxes when buying a condo in Pattaya 2026 gives an initial orientation on the tax topics around the condo.
How to prepare everything correctly
The good news to finish: with just a few steps, your family is well protected.
Draw up a Thai will. Have a separate Thai will set up for your Thai assets, coordinated with your German will. This is the single most important step.
Secure your documents. Keep the Chanote, the sales contract and the FET certificate in a place accessible to the family, ideally also digitally.
Clarify the heirs' situation. Consider whether your heirs could qualify under Section 19 or whether a sale should be planned for in the event of inheritance. Either is fine, the main thing is that it is prepared.
Seek advice early. The earlier you arrange the succession, the more relaxed it is. In my free Pattaya property guide you will find an overview of all aspects of the purchase. For individual succession planning, I am happy to connect you with a specialist lawyer. An informal initial consultation is free of charge for buyers.
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