Section Code: 1711 - 1718
Thai Civil and Commercial Code
ADMINISTRATOR OF AN ESTATE
ADMINISTRATION AND DISTRIBUTION OF AN ESTATE
Chapter 1: Administrator of an Estate
Section 1711. Administrators of Estate
The administrators of an estate shall include persons appointed by will or by order of the Court.
Section 1712. Appointment
An administrator of the estate by will may be appointed:
- By the testator himself; or
- By the person nominated for the purpose in the will
Section 1713. Application for Appointment
Any heir or any interested person or the Public Prosecutor may apply to the Court to appoint an administrator of the estate in the following cases:
- If on the death of the de cujus any statutory heir or legatee is not found or is abroad or is a minor;
- If the administrator of the estate or the heir is unable or unwilling to carry on or is impeded in carrying on the administration or distribution of the estate
- If a testamentary disposition appointing an administrator of the estate has no effect for any reason whatsoever
Such appointment shall be made by the Court in accordance with the provisions of the will, if any. Failing such provision the Court may make the appointment for the benefit of the estate, having regard to the circumstances and taking into consideration the intention of the de cujus as the Court may think fit.
Section 1714. Inventory
Where an administrator of the estate is appointed by the Court for a particular purpose, he is not bound to make an inventory of the estate unless the inventory is required for such purpose or by an order of the Court.
Section 1715. Appointment by Testator
A testator may appoint one or more persons to be administrators of his estate.
Unless otherwise provided by will, if several persons have been appointed administrators and, because some of them are unable or unwilling to act, there remains only one, the latter is solely entitled to act as administrator; if there remain several administrators, it is presumed that they cannot act separately.
Section 1716. Beginning of an Administrator
The functions of an administrator appointed by the Court begin from the day when the order of the Court is heard or is deemed to have been heard.
Section 1717. Right to Refuse Appointment
At any time within one year from the death of the de cujus but after fifteen days from such death, any heir or interested person may give notice requiring any person appointed administrator by will to declare whether he accepts or refuses the administratorship.
If the person so notified does not declare his acceptance within one month from the receipt of such notice, he is deemed to have refused. However, acceptance cannot be made after one year from the death of the de cujus unless by permission of the Court.
Section 1718. Cannot be Administrator
The following persons cannot be administrators of an estate:
- Persons not sui juris;
- Persons of unsound mind or adjudged quasi-incompetent;
- Persons adjudged bankrupt by the Court