Affidavit of Heirship in Bangkok — Expat Inheritance Without Full Probate

An Affidavit of Heirship (AoH) — also known as Affidavit of Descent, Affidavit of Next of Kin, or Statement of Heirship — is a sworn legal document executed before a Notary Public that establishes the identity of legal heirs of a deceased person without going through formal probate. It is widely used in common-law jurisdictions (USA, UK, Australia, Canada, NZ, Ireland, SG, HK) and civil-law jurisdictions (Japan, Korea, Germany, France, Italy, Spain — where it's called *Certificate of Heirship* or *Erbschein* / *Acte de notoriété* / *Atto di Notorietà* / *Acta de Notoriedad*). Common scenarios for expats in Thailand: (1) Small estate succession — when total estate value is below the probate threshold in heir's home jurisdiction (e.g., US states: USD 50K-200K; UK: GBP 5,000-50,000; AU: AUD 50K-100K), AoH replaces full probate, saving 6-12 months and 5-10% in legal fees. (2) Bank account release — Thai bank holding deceased's accounts often releases funds to heirs based on notarized AoH (instead of full Thai probate via Bangkok Civil Court). (3) Real property transfer — title transfer at Thai Land Department for inherited property based on AoH + foreign probate. (4) Vehicle/yacht/aircraft transfer at DLT/Marine Dept. (5) Life insurance claims — foreign insurers (AIA, Prudential, AXA, MetLife) accept AoH for policies under USD 500K. (6) Pension/superannuation claims — UK SIPP, AU SMSF, US 401(k), Canadian RRSP transfers to heirs. (7) Mineral rights claims — US oil/gas leases, Australian mining royalties. (8) Stock dividend claims — DRS positions held in transfer agents.

Three categories of affiants typically execute Affidavits of Heirship: (1) Disinterested Third-Party Witness (best practice — required in most US states) — a person who knew the deceased for at least 10 years, is NOT an heir, has no financial interest in the estate, and can attest to: deceased's family members (spouse, children, parents, siblings), marriage/divorce history, prior deaths in family. Examples: long-time business partner, neighbor, family friend, employer, accountant, attorney. Two such witnesses are typically required for AoH to have evidentiary weight at banks and registries. (2) Surviving Heir — when no disinterested witnesses are available, surviving heirs (spouse, adult children, siblings) may execute the AoH themselves, though it has lower evidentiary weight and may be challenged. (3) Personal Representative / Executor / Administrator — when probate has been opened in another jurisdiction, the appointed PR/Executor can execute an AoH to evidence heirship for ancillary purposes. At iVC, we facilitate all three scenarios: (a) coordinate with disinterested witnesses (often expats in Bangkok who knew the deceased) (b) draft heir-only AoH with appropriate disclaimers (c) work with foreign Executors providing Letters Testamentary / Grant of Probate / Lettres de Succession for cross-validation. Witness must present valid passport + proof of address in Thailand or country of residence.

iVC's AoH template includes the minimum required elements for acceptance by US states, UK Probate Registry, AU State Trustees, Canadian Surrogate Courts, EU notaries, and Thai banks/land offices: (1) Deceased's full information — legal name (including maiden name, AKAs, religious names), date and place of birth, date and place of death (with Death Certificate reference number), last domicile, nationality(ies), tax IDs (SSN/NINO/TFN/SIN/etc.). (2) Affiant's information — full name, address, date of birth, ID/passport number, relationship to deceased (or 'disinterested third party'), how long known to deceased, sworn statement of no financial interest (for disinterested witnesses). (3) Marriage history — all marriages, dates, locations, divorce or death dates, spouse names. (4) Children — all children of deceased (biological, adopted, step), names, DOB, addresses, predeceased status. (5) Parents — names, DOB, dates of death (if predeceased). (6) Siblings — names, DOB, dates of death (if predeceased). (7) Statement of heirs — under applicable intestacy law (e.g., US state intestacy statutes, UK Administration of Estates Act 1925, AU State Probate Acts), identification of legal heirs entitled to inherit. (8) Statement of estate assets — known assets (bank accounts, property, vehicles, investments) at high level. (9) Statement of debts/liabilities known. (10) Statement that no Will has been found (or, if Will exists, statement of its existence and location). (11) Penalty of perjury declaration — sworn under penalty of perjury under the laws of [jurisdiction]. (12) Notarial certification block — for iVC's seal and signature. Supporting documents: Death Certificate (certified copy + translation), Birth/Marriage Certificates of heirs, deceased's ID/passport, prior probate documents if any.

Probate vs. AoH decision matrix by jurisdiction (general guidance — always consult home-country counsel): USA — AoH accepted for small estates under state-specific thresholds: Texas (no statutory limit, courts accept AoH for real property after 4 years), Oklahoma (USD 50K), Kentucky (USD 30K), Tennessee (USD 50K), Florida (homestead exception); for larger estates, AoH supplements but doesn't replace probate. UK — AoH (called 'Statutory Declaration in lieu of Grant') accepted for estates under GBP 5,000-50,000 (varies by asset holder — banks typically GBP 15K-50K threshold); for larger estates, Grant of Probate / Letters of Administration required from Probate Registry. Australia — informal administration via AoH for estates under AUD 50K-100K (state-dependent); Grant of Probate required for larger estates from Supreme Court of each state. Canada — probate threshold varies by province (Ontario: CAD 50K; BC: CAD 25K); AoH usable below threshold or to supplement Letters of Administration. EU jurisdictions — Civil-law notarial Acta de Notoriedad / Acte de Notoriété / Erbschein typically required regardless of size, but can sometimes be obtained by AoH-equivalent declaration before EU notary. Thailand — Thai Civil and Commercial Code Section 1599-1755 governs inheritance; Thai Probate (มรดก) at Civil Court required for assets >THB 100K; AoH used for evidentiary support but not a substitute for Thai court order. iVC advises on whether AoH is sufficient or if formal probate is needed in the relevant jurisdiction.

When a foreign expat dies in Thailand owning Thai assets, the full process at iVC: (1) Death registration — at District Office (Amphoe) within 24 hours; obtain Thai Death Certificate (Mor Ror 4) + English translation. (2) Embassy notification — foreign embassy in Bangkok issues 'Report of Death of US Citizen Abroad' (or equivalent for UK/AU/CA/EU); needed for foreign probate. (3) Asset inventory — iVC compiles list of Thai assets: bank accounts (BBL, SCB, KBank, Krungthai), property (Land Department title), vehicles (DLT Blue Book), securities (SET trading accounts, mutual funds via AMC). (4) Thai Probate filing — at Civil Court of jurisdiction (Bangkok South Civil Court for Sukhumvit/Khlong Toei deaths) — required for assets >THB 100K. Documents: petition, Death Certificate, marriage cert, birth certs of heirs, Will (if any), foreign probate (if foreign assets), Heir Affidavit. (5) Court appoints Administrator (ผู้จัดการมรดก) — typically surviving spouse or eldest child. (6) Administrator obtains Court Order (คำสั่งศาล) — typically 4-8 months. (7) Asset distribution — Administrator presents court order to: Land Department (real estate transfer), banks (account release), DLT (vehicle transfer), Marine Dept (yacht), securities firms. (8) Tax filing — Estate Tax (no Thai estate tax for estates iVC's AoH supports steps 4 and 7 and is also used by foreign heirs to claim assets back in their home jurisdiction (e.g., UK probate of deceased expat's UK assets). iVC fee for full expat death package: 65,000-185,000 THB depending on asset complexity.

iVC fee schedule (transparent, all-inclusive): (A) Single AoH from heir or disinterested witness (standard 3-5 page document): 4,500-8,500 THB. (B) Multiple AoH (e.g., 2 disinterested witnesses required by US state): 7,500-13,500 THB for both. (C) AoH + Apostille (post-2026): 8,500-15,500 THB total. (D) AoH + MOFA + Embassy (pre-2026 or non-Hague): 12,500-25,500 THB. (E) Drafting + Notarization (bespoke AoH with home-country counsel coordination): 15,000-45,000 THB. (F) Full Thai Probate + AoH package (court filing, administrator appointment, asset distribution): 65,000-185,000 THB. (G) Bank account release coordination (BBL/SCB/KBank/Krungthai liaison): +12,500-25,500 THB. (H) Land Department title transfer support: +25,000-65,000 THB + Land Dept transfer fee (2% of appraised value). (I) Mobile service (notary to hospital, hotel, attorney's office): +3,500-6,500 THB. (J) Express same-day: +50%. (K) Thai translation by MoJ Master Translator (for Thai court/bank submission): +8,500-25,500 THB. Payment: THB cash, all major credit cards (3-4% surcharge), bank transfer, PromptPay, USD/EUR/GBP at daily rate. Free initial consultation for bereaved family.

iVC handles AoH requests with sensitivity to bereaved families. Booking process: (1) Initial contact — phone 080-557-8887, LINE @iVisa, email info@ivc.ltd. State 'Affidavit of Heirship' + relationship to deceased + urgency (e.g., funeral pending, bank account frozen). (2) Free consultation (in-person, video, or phone) — 30-60 minutes with Notarial Services Attorney to: review deceased's circumstances, identify required documents, determine if simple AoH or full probate package needed, recommend disinterested witnesses if needed. (3) Document collection — Death Certificate (Thai or foreign), Birth/Marriage certs of heirs, Will if any, prior probate docs if any, asset documentation (bank statements, property titles, vehicle Blue Books). iVC can request these from Thai authorities on behalf of family. (4) Drafting — iVC drafts AoH in English (with Thai translation if needed) tailored to: heir's home jurisdiction intestacy law + specific asset holder requirements (bank, registry, insurer). 2-3 day turnaround. (5) Execution — at iVC Asoke office, hospital, funeral home, or family residence in Bangkok/BMR/Pattaya/Phuket. Notarial Services Attorney verifies identity, witnesses signature, applies seal. (6) Follow-up — Apostille at MOFA (post-2026) or embassy legalization, asset claim coordination, Thai probate filing if needed. Languages: English, Thai, Mandarin (HSK 6), Japanese (N1), Korean (TOPIK 6), French (C1), Spanish (C1). NDA + PDPA-compliant handling. Open daily 09:00-18:00 including weekends for urgent bereavement cases.