What happens to your Phuket property when you die? For foreign owners, the honest answer depends on how you hold it — and planning ahead makes an enormous difference to the people you leave it to. In short: a foreigner can inherit a condominium, but the unit must still fit within the building's 49% foreign-ownership quota, or the heir may be required to sell it within about a year. Leasehold rights pass to your heirs only if the lease is drafted to allow it. Property held through a Thai company passes via the company shares and your estate. And in every case, having a Thai will covering your Thai assets makes the whole process dramatically simpler. This 2026 guide explains each situation and how to protect your family.
Can a foreigner inherit property in Thailand?
Yes — foreigners can inherit property in Thailand, including from another foreigner. Thai law does not prevent an overseas heir from receiving Thai property. But receiving it and keeping it in the same form are two different questions, and the answer depends entirely on the type of ownership involved.
The reason is the same principle that governs buying: foreigners face restrictions on owning land, and condominium freehold is capped by a building quota. Inheritance does not switch those rules off. An heir steps into the shoes of the owner, and must then satisfy the same conditions the original owner did. Understanding how that works for each ownership type — condo, leasehold and company — is the key to planning well, and to avoiding an unwelcome surprise for the people you care about.
Inheriting a condominium: the 49% quota still applies
A foreigner can inherit a condominium unit held in foreign freehold. The catch is the familiar 49% foreign-ownership quota: the unit must still fit within the building's foreign allocation for the heir to register and keep it in their own name as foreign freehold.
In most cases this is not a problem — the unit was already counted within the foreign quota when the deceased owned it, so an eligible foreign heir can usually register it. The difficulty arises where the heir, for whatever reason, cannot qualify to hold the unit as foreign freehold. In that situation, Thai law generally requires the property to be sold within about a year, with the heir receiving the proceeds rather than the unit itself.
So the practical outcome for a condo is reassuring but conditional: your heir can very often keep the apartment, provided they fit the quota; if they cannot, they still receive the value through a sale. Either way the inheritance is not lost — but the form it takes depends on the quota. Our guide to buying a condo in Phuket explains how the quota works in more detail.
Inheriting leasehold: only if the lease allows it
Leasehold is where planning matters most, because a lease does not automatically pass to your heirs. A registered lease is a personal right, and whether it can be inherited depends on how the lease was drafted.
If the lease expressly provides for succession — naming your heirs, or allowing the lease to be assigned or transferred on death — then your rights can pass to the people you intend. If it is silent on the point, the lease may simply end on your death, and your heirs could be left without the continuing right you assumed they would inherit. This is one of the most overlooked details in villa purchases, and one of the most important.
The lesson is simple and worth acting on at the point of purchase, not decades later: make sure your lease is written from the outset to allow succession. A good lawyer drafts this in as a matter of course — naming heirs or building in assignment rights — so the villa you enjoy can pass to your family. If you are weighing leasehold against freehold with the long term in mind, our comparison of freehold versus leasehold in Phuket is a useful companion.
Inheriting property held through a Thai company
Where a villa is held through a Thai limited company, the property itself does not pass directly to your heirs at all — the company shares do. The company continues to own the land and villa; what your estate passes on is your shareholding in that company.
This can make succession relatively clean, because shares are personal property that can be dealt with through your estate and your will, without the land itself changing hands or triggering the individual foreign-ownership restrictions in the same way. But it comes with the same conditions that apply to company ownership generally: the company must be a genuine, properly maintained entity, with its accounts, filings and governance in order, so that the shares passing to your heirs represent a clean, compliant business. A neglected company is a poor inheritance. For how these structures work and the obligations they carry, see can foreigners own property in Thailand.
Why a Thai will is so important
Whatever structure you use, one step improves the outcome across the board: making a Thai will that covers your Thai assets.
Without a Thai will, your Thai property must be dealt with through the courts under intestacy rules, potentially alongside a foreign will written for another country's system — a slow, costly and stressful process for grieving heirs, complicated by translation, jurisdiction and probate across borders. A Thai will, drafted specifically for your Thai assets, does several valuable things:
- It names your heirs clearly for the Thai property, reducing ambiguity and dispute.
- It speeds up probate in Thailand, because the Thai courts have a local document to work from.
- It works alongside your home-country will rather than clashing with it, provided both are drafted with the other in mind.
- It lets you align your wishes with your ownership structure — for example, ensuring the heir named for a condo is someone who can satisfy the foreign quota.
A Thai will is inexpensive relative to the property it protects, and it is one of the most considerate things a foreign owner can put in place for their family. It should be prepared with a qualified lawyer, and reviewed if your circumstances or your holdings change.
Practical steps to protect your heirs
Pulling it together, a few actions make a real difference, and most are best taken early:
- Choose your ownership structure with succession in mind, not only purchase and resale.
- For leasehold, insist on succession wording — named heirs or assignment rights — in the lease from day one.
- For a company, keep it genuine and compliant, so the shares are a clean inheritance.
- Make a Thai will covering your Thai assets, and keep it consistent with any foreign will.
- Think about the quota for condo heirs, and take advice if an intended heir might not qualify.
- Keep your documents together and findable — title, lease, company records, FET forms and wills — so your family is not searching in the dark.
Taken together, these steps turn a potentially confusing cross-border situation into a straightforward one, and give your family certainty at a moment when they will value it most.
Conclusion
Inheritance of Thai property by a foreigner is entirely possible, but the outcome is shaped by how you own. A condo can be inherited if the heir fits the building's 49% foreign quota, and is otherwise sold within about a year for the heir's benefit. Leasehold passes only if the lease was drafted to allow succession. Company-held property passes through the shares. In every case, a Thai will covering your Thai assets is the single most effective step you can take to make things simple for the people you love. Plan it at the point of purchase, revisit it as life changes, and your Phuket property becomes a gift rather than a puzzle.
Want to make sure your ownership and your will protect your heirs? Get in touch for a free consultation and we will connect you with the right legal support, or browse our listings to find a property you will be proud to pass on.
