Why are they competing to be the estate manager? Do they get a bigger share than others?

Who is the estate manager and what are his/her duties?

An executor is a person appointed by a will or court order to legally manage the deceased's assets, including distributing the estate to the heirs and paying the estate's debts. In short, an executor represents the heirs and has the rights and duties to handle the deceased's assets.

Why is it necessary to request the court to appoint an estate administrator?

Although an inheritance passes immediately to the heirs by law, in practice there may be legal and regulatory obstacles that prevent the heirs from taking action regarding the inheritance until a court order appointing an executor is issued.

Rights and duties of an estate manager

  • Manage the overall inheritance
  • Collect assets and pay off debts of the estate
  • Prepare an inheritance account and list assets.
  • Cannot make transactions that are adverse to the inheritance
  • If the executor neglects his duties, such as concealing the inheritance or failing to divide the inheritance, the heir can request the court to remove the executor.

Does the executor get a larger share of the inheritance than others?

It is not true. An executor is not entitled to more inheritance than any other heir, unless provided for in the will or a majority of the heirs resolve to grant compensation.

Relevant laws

  • Section 1711: The executor is a person appointed by a will or court order.
  • Section 1719: Have rights and duties to carry out inheritance and share assets.
  • Section 1721: No right to receive compensation from the estate, unless the will or majority of the heirs provide for it.
  • Section 1722: Cannot make transactions that conflict with the inheritance.
  • Section 1728: An inheritance account must be prepared within 15 days after the commencement of duties.
  • Section 1731: If the estate account is not kept, the court can remove the estate executor.

Criminal penalties if the executor neglects his duties

  • Section 354 of the Criminal Code: If the estate manager commits fraud, such as embezzlement of inheritance, he is liable to imprisonment for a term not exceeding 5 years or a fine not exceeding 100,000 baht, or both.

Written by:
Ms. Apilapat Nilsanthipathon