Last reviewed: 31 October 2026
Quick answer
If a person dies in Thailand owning property, bank accounts or shares in Victoria, the family will usually need a grant of probate (if there is a will) or letters of administration (if there is no will) from the Supreme Court of Victoria before the assets can be sold or transferred. A Thai court order appointing an estate administrator is important evidence, but on its own it generally does not give authority over Victorian assets. Most of the process can be handled without the family travelling to Australia.
First steps
- Secure the Australian assets. Tell the Australian banks, check the property is insured and occupied or secured, and keep paying rates and strata levies where possible.
- Find the wills. Look for both a Thai will and any Australian will. A later will may revoke an earlier one, so the dates and wording matter.
- List the Australian assets. Land titles, bank accounts, shares, superannuation, company interests and debts. Superannuation and jointly owned property may pass outside the estate.
- Do not sign anything that disposes of assets until it is clear who has authority.
Documents from Thailand
The Victorian court will usually need:
- the Thai death certificate;
- the original will, or a properly certified copy if the original is held elsewhere;
- any Thai court order appointing an estate administrator;
- certified English translations, prepared by a qualified translator.
Until Thailand’s apostille membership takes effect on 28 February 2027, Thai public documents generally need to be certified through Thai official channels before they are accepted in Australia. Requirements vary by document, so confirm them before ordering copies.
Who applies in Victoria?
The executor named in the will usually applies. If there is no will, the person with the best entitlement under Victorian law (often the spouse or children) applies for letters of administration. An executor or family member who lives in Thailand can apply, and in some cases can authorise someone in Australia to apply on their behalf. The court may require additional steps where the applicant lives overseas.
Which law decides who inherits?
For land in Victoria, Victorian law generally governs succession. For other assets, the law of the place where the person was domiciled can matter. Where there is no will, Thai and Victorian intestacy rules may give different answers, which is a common source of family disagreement. Early advice helps the family understand where they stand.
After the grant
Once the grant is issued, the executor can collect bank accounts, sell or transfer property, pay debts and lodge any final tax returns. Beneficiaries in Thailand may face Australian tax consequences when they later sell inherited property, and Thai inheritance tax may apply to large inheritances received by Thai nationals.
Frequently asked questions
Can a Thai court order be used to sell Melbourne property?
Generally not on its own. A Victorian grant is usually needed, and the Thai order is useful evidence in that application.
Do we need to come to Australia?
Usually not. Most steps can be done remotely, with documents signed and authenticated in Thailand.
What if there is no will?
A family member applies for letters of administration. Victorian rules on who inherits may differ from Thai rules.
How long does it take?
It depends on the documents and whether anyone disputes the estate. Gathering Thai documents is often the longest step.
How we help
Chua Tan Associates has practised in Melbourne since 1990 and advises Thai and Thai-Chinese families on Australian legal matters. We work by video and alongside your lawyers, accountants and private bankers in Thailand. We help with:
- applying for probate or letters of administration for executors in Thailand;
- gathering and authenticating Thai documents;
- selling or transferring Victorian property;
- resolving disagreements between family members.
The first step is a paid 30-minute consultation by video or in Melbourne. Contact us to book.
This article is general information only and is not legal, tax or financial advice. Do not rely on it for your own situation: the law and practice change, and the right answer depends on your facts. Points about Thai law and Thai tax are a general overview only; obtain advice from a Thai lawyer or tax adviser for matters in Thailand.
Official sources
More guides for Thai and Thai-Chinese families
Related reading
Chua Tan Associates acts for families and their professional advisers on Australian legal matters with a cross-border dimension, working alongside lawyers overseas. To arrange a confidential consultation, please contact our Melbourne office on +61 3 9602 3988 or submit an enquiry. Advice is available in English, Mandarin and Cantonese.
Justin Chua (蔡智勋), lawyer and mediator, Chua Tan Associates, Melbourne. General information only, not legal advice.
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