Phuket condo inheritance is an important topic for foreigners who own property in Thailand. Buying a condo under the 49% foreign freehold quota is widely recognised as the most secure way for non-Thais to hold real estate in the country. But succession planning matters just as much. This guide explains how inheritance of a foreign freehold condo works, what steps owners should take, and what heirs should expect during the process.

Phuket Condo Inheritance: Why Inheritance Planning Matters

Owning a foreign freehold condo gives you perpetual ownership, registered in your name at the Land Office. But when the time comes to transfer that condo to your heirs, the process must still go through the Thai legal system.

Without a valid Thai will, heirs may face delays in probate court or complications with Land Office procedures. With proper planning, succession is straightforward and secure.

The Legal Framework

  • Condominium Act: Foreigners can own up to 49% of the saleable area in a condo project in freehold.

  • Civil and Commercial Code (CCC): Governs succession and probate. Heirs inherit both assets and obligations. For the official text, see the Thai Civil and Commercial Code (Office of the Council of State).

  • Land Office registration: All inheritance transfers must be recorded at the Land Office before heirs become legal owners.

Phuket Condo Inheritance: Heirs and Eligibility

  • Thai heirs: Inherit without restriction.

  • Foreign heirs (foreign freehold units): Can inherit directly. The unit is already part of the 49% quota, so the transfer is recognised.

Important note: If a foreign heir inherits a Thai quota unit (owned by a Thai national), the Land Office will only allow transfer if space remains in the 49% quota. If the quota is full, the foreign heir may be required to sell the condo within one year. This does not apply to foreign freehold condos.

Preparing a Will in Thailand

For Phuket condo inheritance planning, a Thai will ensures that your condo passes smoothly to your chosen heir. A will should:

  • Clearly state the condo unit details and ownership.

  • Name the intended heir(s).

  • Be properly witnessed and signed.

Without a will, succession follows Thai statutory rules, which may not reflect your wishes and can lead to delays.

Fees and Taxes

When a condo is inherited:

  • Transfer fee: Usually 2% of the appraised value.

  • Withholding tax / stamp duty: May apply, depending on circumstances.

  • Inheritance tax: Only applies above THB 100 million per heir (with exemptions for close family).

Heirs should confirm current rates with the Land Office or a legal advisor.

Practical Steps for Condo Owners

To protect heirs and avoid unnecessary problems:

  1. Draft a valid Thai will with a licensed lawyer.

  2. Keep the title deed and key documents safe.

  3. Inform heirs where documents are stored.

  4. Work with a legal advisor to ensure succession complies with Thai law.

For more on the transfer process, see our Guide: Transfer Documents.

Related Guides

Phuket Condo Inheritance: In Conclusion

Phuket condo inheritance is usually straightforward for foreign freehold units. With a valid Thai will, proper documentation, and awareness of the legal process, heirs can transfer ownership without issue. The key is preparation and without it, even secure ownership structures can face costly delays.

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