What is a ghost lawsuit?

What is "Suing a Deceased Owner"? Legal Solutions When Land Still Registered by a Deceased Owner

In the world of law and property, inheriting land isn't always easy, especially years after the owner's death. This article delves into the steps and practices for inheriting land when there has been no estate management for a long time—an issue many people encounter and wonder where to begin.

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As Time Passes... Unmanaged Land Inheritance

When a landowner passes away, all assets, including the land, automatically pass to the legal heirs or beneficiaries. However, legal transfer of ownership doesn't happen automatically. Heirs must take steps to change the name on the land title deed. In many families, estate management may be neglected for various reasons, including ignorance of legal procedures, family conflicts, or even the difficulty in gathering documents. This results in the land title deed remaining in the name of the deceased owner, potentially causing problems in future asset management.

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Potential Problems When Land Inheritance is Unmanaged

Leaving inherited land in an ambiguous status for an extended period can lead to numerous problems, such as:

• Property management: Heirs may be unable to fully sell, mortgage, or conduct any other legal transactions on the land.
• Conflicts among heirs: Over time, subsequent generations of heirs may disagree on the division of the land.
• Difficulty in gathering documents: Necessary documents, such as death certificates or land title deeds, may be lost or become difficult to obtain.
• Adverse possession: If the land is left vacant and another person openly occupies it, it may lead to adverse possession.

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Process for Inheriting Land Long After the Owner's Death

If you are one of the heirs facing this situation, don't despair. Even after a long time, you can still follow the legal steps:

1. Verify Status and Gather Documents
The first thing to do is gather all important documents related to the deceased and the inherited property, including death certificates and land title deeds. If you can't find them, you can request copies from the land office. You also need to gather documents proving your relationship with the deceased, such as household registration, national ID card, and birth certificate.

2. Determine Who the Legitimate Heirs Are
If there is no will, the law stipulates the order of legal heirs as follows:
• Descendants (children, grandchildren, great-grandchildren, etc.)
• Parents
• Siblings of the same parents
• Siblings of the same father or mother
• Grandparents
• Uncles, aunts, cousins

3. Inheritance Transfer Procedures at the Land Office
If all heirs agree and are ready to proceed together at the land office, they can submit all documents to apply for registration of the inheritance transfer. The official must then announce the acceptance of the inheritance for 30 days. If there are no objections, the transfer of ownership can proceed.

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Required Documents for Inheritance Application

1. Land title deed, or certificate of utilization, or proof of ownership of buildings, or condominium ownership certificate
2. Proof of heirship, such as national identity card
3. Proof that the heir is entitled to inherit according to the law
4. Will (if any)
5. In the case of an adopted child applying for the inheritance 6. Proof of adoption registration must be presented.
7. In case of inheritance disputes, a settlement agreement or final judgment must be presented.

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In the case of an executor of the estate, the required documents are:

1. Court order or court judgment, or a will appointing the applicant as the executor.
2. The executor's identification card.
3. Land title deed, certificate of utilization, condominium ownership certificate, or proof of ownership of the building.
4. Filing a lawsuit against the executor (also known as "suing a ghost").
If the heirs cannot reach an agreement or some are uncooperative, you need to exercise your legal rights to proceed through the court. This process is called filing a petition to appoint an executor of the estate, or commonly known as "suing a ghost."

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"Suing a ghost" is the process where one of the heirs files a petition with the court to request the court to issue an order appointing themselves or another person as the executor of the estate. Once the court issues an order, that person will have the authority to manage the deceased's assets according to the law and can use the court order to transfer ownership at the land office.

Inheriting land that has been left vacant for a long time may seem complicated, but if you understand the process and prepare the documents carefully, it can be done. Managing inherited assets shouldn't be too difficult. If you're unsure, it's advisable to consult a lawyer specializing in estate law for accuracy and a smooth process.

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Thank you for the helpful information from the Rayong Provincial Land Office.