Timeshare Death Process: A Practical Guide
If a loved one who owned a timeshare passes away, you probably wonder what comes next. Do you have to keep paying fees? Can the timeshare be sold? The answer depends on the ownership structure, the deed, and local laws. This guide walks you through the most common scenarios and gives you a clear action plan so you don’t get stuck with unwanted costs.
Who Gets the Timeshare?
First, check the ownership document. Most timeshares are titled either in a single name, jointly with a spouse, or in a trust. If the deed lists a spouse as a joint owner, the surviving spouse usually becomes the sole owner automatically. If the timeshare is in a trust, the trust terms dictate the new owner—often a family member or the estate. When the owner was the only name on the deed, the timeshare becomes part of the estate and will be distributed according to the will or intestacy rules.
In many cases the executor of the estate will be asked to handle the timeshare. Their job is to decide whether to keep, sell, or transfer it to a beneficiary. If the heir doesn’t want the timeshare, they can refuse the inheritance, but they may still be on the hook for any unpaid maintenance fees until the transfer is official.
Steps to Transfer or Close the Timeshare
1. Gather paperwork. You’ll need the original deed, the death certificate, and any trust or will documents. The management company will ask for these before they make any changes.
2. Contact the timeshare manager. Call the resort’s owner services or the management company. Tell them the owner has died and ask for their specific process. Some companies have a simple “death transfer” form; others require a full probate filing.
3. Pay any outstanding fees. Most contracts require that all past maintenance fees be settled before a transfer can happen. If the estate can’t cover them, you may need to negotiate a payment plan or consider selling the timeshare to avoid penalties.
4. File the required legal documents. If the deed needs to be re‑recorded, the executor or attorney will file a new deed with the local land registry. This step officially changes the ownership name.
5. Decide the next move. The new owner can keep the timeshare, rent it out, or sell it. Selling can be tricky because resale markets are limited, but a reputable resale broker or the resort’s resale program can help.
If you simply want to get rid of the timeshare, ask the management company about a “release” or “deed‑in‑trust” option. Some companies will let you transfer the deed back to them for a fee, effectively ending the contract.
Throughout the process, keep a detailed log of every phone call, email, and document you send. Having a clear trail saves time if the management company or a court asks for proof of your actions.
Dealing with a timeshare after a death doesn’t have to be a nightmare. By checking the ownership type, contacting the manager early, and following the legal steps, you can either pass the ownership to a family member or walk away cleanly. If you feel overwhelmed, a short consultation with an estate attorney can clarify any tricky points and keep the process moving smoothly.