Section Code: 1726 - 1733
Thai Civil and Commercial Code
ADMINISTRATOR OF AN ESTATE
ADMINISTRATION AND DISTRIBUTION OF AN ESTATE
Chapter 1: Administrator of an Estate
Section 1726. Multiple Administrators
If there are several administrators of an estate, the performance of their duties shall be decided by a majority of votes unless otherwise provided by the will. In case of a tie, on application of any interested person, the decision shall be given by the Court.
Section 1727. Application to Discharge Administrator
Any interested person may, prior to the completion of the distribution of the estate, apply to the Court for the discharge of an administrator for reason of neglect of his duties or any other reasonable cause.
Even after having assumed his functions, the administrator may resign for any reasonable cause subject, however, to the permission of the Court.
Section 1728. Inventory of Estate
The administrator of an estate must begin making an inventory of the estate within 15 days:
- from the death of the de cujus if, at such time, the administrator has knowledge of his appointment under the will entrusted by the Court.
- from the date when the administrator has knowledge of his appointment under the will entrusted to him, or
- from the date of his acceptance of administratorship in any other case.
Section 1729. Time Period to Complete Inventory
The administrator of an estate must have the inventory of the estate finished within one month from the time prescribed in Section 1728; but this period of time may be extended by permission of the Court on application made by the administrator before the expiration of the month.
The inventory shall be made in the presence of at least two witnesses who must be persons interested in the estate.
Persons who cannot be witnesses at the making of the will under Section 1670 cannot be witnesses for the making of any inventory under the provisions of this Code.
Section 1730. Will Appointed vs. Court Appointed Administrators
Between the heir and the administrator appointed by will, and between the Court and the administrator appointed by the Court, Sections 1563, 1564, paragraphs 1 and 2 and Section 1565 of this Code shall apply mutatis mutandis.
Section 1731. Inventory Not Completed
If no inventory is made by the administrator in due time and form or if the inventory is found unsatisfactory by the Court on the grounds of gross negligence, dishonesty or obvious incapability of the administrator, the administrator may be discharged by the Court.
Section 1732. Time period to complete duties
The administrator of an estate shall perform his duties and complete the account of management and distribution within 1 year from the dates specified in the Sections 1728, unless the period of time is otherwise fixed by the testator, by a majority of the heirs or by the Court.
Section 1733. No release from liabilities until accounting has been delivered to heirs
No approval, release from liabilities or any other agreement concerning the account of management provided in Section 1732, shall be valid unless such account has been delivered to the heirs together with any document relating thereto not less than five years after the termination of the administratorship.