Cambodia Probate Process: How Estate Settlement Works

Cambodia's probate process depends almost entirely on one question: what type of will did the deceased leave? The answer determines whether estate settlement takes weeks or years — and whether a court gets involved at all.

Do You Need Court Probate?

Under the Cambodian Civil Code (enacted 2007, in force since 2011), three types of ordinary wills are recognized, and only one avoids court probate:

Notarial (Authentic) Will — Created by oral declaration to a notary public, with at least two witnesses present. The notary writes the terms, reads them aloud, and all parties sign. Because this will is already legally authenticated, it is exempt from court probate. The executor can begin transferring assets immediately upon the testator's death.

Private (Holographic) Will — The testator writes the entire text by hand, dates it, and signs it. Any typed, machine-generated, or third-party-written document is legally void. Upon death, this will must pass through formal court probate before it has any legal authority.

Secret Will — The testator signs a document, seals it in an envelope, and presents the sealed envelope to a notary and two witnesses. Like private wills, secret wills require court probate.

Intestate Succession: When There Is No Will

When someone dies without a valid will, Cambodia's Civil Code dictates a strict succession hierarchy:

1. First rank — Lineal descendants: Children (biological and adopted) inherit equal shares
2. Second rank — Lineal ascendants: Parents inherit if there are no children
3. Third rank — Siblings: Full siblings inherit equally; half-siblings receive half the share of a full sibling

The surviving spouse always inherits alongside whichever rank applies:

• With children: spouse and children split equally
• With parents: spouse gets 1/3, parents get 2/3
• With ascendants or siblings: spouse gets 1/2, others get 1/2

Cambodia also enforces a "reserved portion" system. Even with a will, a testator cannot fully disinherit direct heirs. Descendants hold statutory rights to one-half of the estate, while ancestors or surviving spouses hold rights to one-third.

The Three-Month Acceptance Window

Under Article 1248 of the Civil Code, a successor has exactly three months from the date they realize the succession has taken place to formally accept or reject the inheritance. Miss this deadline and you need a formal petition to the local court for an extension.

This is not theoretical — it matters particularly for real estate, where foreign heirs face additional restrictions under Article 1155 (non-Cambodian heirs must sell inherited land within three months or forfeit it).

Special Wills for Extraordinary Circumstances

Cambodian law provides for wills created under extreme conditions:

• Imminent danger of death: Declaration to three or more witnesses, one of whom writes it down. Must be submitted to court within one month.
• Person in quarantine or seclusion: A police officer or ship/plane master acts as notary. Valid only if the testator dies within six months without making a new standard will.
• Person under guardianship: Permitted only with two medical practitioners certifying mental capacity at the exact time of creation.

The Cambodia Expat Death Guide walks through each scenario with decision trees showing exactly when court probate is required and when it can be avoided.

See more Cambodia guides →