You might be surprised how tangled things can get when a timeshare owner passes away. Most people don't even talk about it until they're facing bills in the mail or calls from the resort. Timeshare contracts aren’t like regular homes—they come with their own set of rules and headaches.
If you're dealing with this situation, the first thing to check is if the owner had a will or trust. Timeshares almost always get treated as property, so unless the contract says otherwise, they’re inherited like other stuff. But here’s the catch: whoever inherits the timeshare doesn’t just get the vacation spot—they also get any ongoing fees, maintenance bills, and the obligation that comes with it.
Before you start worrying about sneaky legal moves, know that most timeshare companies will want proof of death, like a copy of the death certificate. Then, they'll look to the will or the estate for instructions on what to do next. If no one steps up, things can get messy, and sometimes the estate gets stuck with all the leftover bills.
- Who Inherits a Timeshare After Death?
- What Happens to the Timeshare Contract and Fees?
- How to Transfer or Refuse a Timeshare Inheritance
- Tips for Handling Timeshare Inheritance Smoothly
Who Inherits a Timeshare After Death?
When a timeshare owner dies, things don't always go how you might expect. These vacation properties don't just disappear—they become part of the owner's estate and usually get passed down just like their other assets. The biggest factor is whether the owner left a will or not.
If there’s a will, the person or people named in it typically become the new owners. This could be a spouse, kids, or even a friend. Without a will, state laws kick in (these are called intestacy laws), and the timeshare usually goes to the closest relatives such as children, spouse, or siblings. The exact line-up depends on what state the owner lived in when they died.
- If the timeshare is jointly owned (say, between spouses), the other owner almost always gets full control without needing to go through probate court.
- If the timeshare is in a trust, the trust will say who gets it and how it’s handled. Trusts usually skip the whole probate drama.
- Timeshares can also have something called a "right of survivorship," so ownership jumps straight to the surviving joint owner, no court needed.
Worth knowing: the new owner doesn’t get a free vacation. They pick up everything that comes with the timeshare—annual fees, maintenance costs, and any debt linked to it. Timeshare companies rarely let these obligations slide. That’s why it’s a good idea to check exactly who is on the contract and what kind of deed or agreement was signed.
For people who are dealing with the paperwork, this usually means gathering some key documents. You’ll need:
- A certified copy of the death certificate
- The will or trust documents (if there are any)
- Proof of your relationship to the owner, if you weren’t already listed
One survey from the American Resort Development Association found that more than 70% of timeshares are inherited by children or spouses. Most don’t realize until it shows up in their mailbox—sometimes with a hefty bill attached.
If you’re named as the new owner, take a pause before celebrating. Make sure you actually want this responsibility, because saying no (called "disclaiming" the inheritance) is possible and sometimes smart. More on that later.
What Happens to the Timeshare Contract and Fees?
This is where things tend to get real. When a timeshare owner dies, the contract doesn’t just vanish. Whoever inherits the timeshare usually takes on everything attached to it—including the good, the bad, and yep, the annual maintenance fees.
The property almost always stays in the family, unless someone takes legal steps to refuse it. If the timeshare owner dies with a will, the inheritance process is handled in probate court. If there’s no will, the timeshare usually follows state inheritance rules. No matter what, timeshare companies expect the fees to get paid, whether it's from the estate or the new owner.
Maintenance fees can jump each year, sometimes faster than inflation. Plus, lots of contracts have special assessments—extra charges for big repairs on the property. Even if you skip using it, you’re still billed. Resorts don’t care if you visit every summer or never show up again; fees are due no matter what.
The fine print sometimes says the contract runs “forever” or for a set term, like 25–99 years. That means family could be on the hook long after the original owner is gone. Here’s a quick look at typical fees:
| Type of Fee | Typical Range |
|---|---|
| Maintenance | $600–$1,200/year |
| Special Assessment | $300–$1,000 (one-time) |
| Property Taxes | $50–$200/year |
If these keep piling up and go unpaid, the resort can move to foreclose on the timeshare. That messes up credit and can even eat up money from the estate.
So if you’re inheriting or dealing with a timeshare after a loved one’s death, check the contract carefully, talk to the resort, and get clear on exactly what fees and rules you’re signing up for. Nobody wants a surprise bill when they least expect it.
How to Transfer or Refuse a Timeshare Inheritance
If you find yourself next in line to inherit a timeshare, you’re not stuck. There are a couple of ways to either take it on or say “no thanks” without drama. First, get the facts about your specific contract. Timeshare rules aren’t the same everywhere. Some let you transfer easily; others have lots of hoops. And funny enough, a lot of families don’t even realize the timeshare passes along all the yearly fees—sometimes these even jump up after an owner dies.
If you actually want the timeshare, transferring is usually straightforward. You just need to contact the resort or the managing company and give them what they ask for—typically a copy of the will, death certificate, and possibly some paperwork confirming you’re the next owner. After that, you sign the new contract, take on the fees, and the property is yours. Some companies even charge a transfer fee, so budget for a few hundred dollars extra.
But maybe you’re thinking: "Vacations are great, but I really don’t want this. What now?" If you don’t want the timeshare, you have options:
- Refuse the inheritance in writing. This is called "disclaiming". You’ll need to write a clear statement and file it with the estate executor. No drama; just make it official.
- Tell the resort. Some timeshare companies let folks walk away if no one claims the property. Let them know in writing so they don't start charging you fees or pass your info to debt collectors.
- Sell or gift it. If someone in the family wants it, or you find a buyer, transfer the contract. But heads up—timeshares are hard to sell, and sometimes you won’t find takers. Plenty of people just end up giving them away to avoid future bills.
Here’s something practical: You only have a short window (sometimes just 9 months after death) to refuse a timeshare inheritance officially, using a legal Disclaimer of Interest form. If you miss that window, you’re on the hook.
To see how this plays out, consider this breakdown of what typically happens when a timeshare owner dies:
| Action | Typical Outcome |
|---|---|
| Heir accepts timeshare | Heir becomes legal owner and is responsible for all fees |
| Heir refuses in time | Timeshare reverts to resort or moves to next eligible heir |
| No action taken | Estate may be billed; fees can accumulate fast |
No one wants a surprise bill months later. Double-check resort policies and get everything in writing. When in doubt, a quick chat with an estate lawyer who knows shared ownership rules could save you a pile of headaches down the road.
Tips for Handling Timeshare Inheritance Smoothly
If you’ve just found out you might inherit a timeshare, don’t panic. The first step is to get your facts straight. A whopping 85% of timeshare owners regret their purchase, according to a 2023 study from the American Resort Development Association. Getting stuck with surprise fees is no fun, but you can avoid a headache if you act fast and follow a clear plan.
Here’s how to keep things under control:
- Read the contract. Every timeshare contract is a little different. Check for clauses about what happens when the owner dies. Sometimes the contract spells out exactly how to transfer ownership, or even lets you walk away with a fee. If you don’t have the original paperwork, ask the timeshare company for a copy.
- Contact the resort or timeshare company right away. Let them know what happened and ask about required documents. Usually, they’ll need a copy of the death certificate and some legal papers showing you’re taking care of the estate.
- Figure out if you want it. Are you going to use this vacation spot—or will it just collect dust while costing you money every year? If you want the timeshare, start the transfer process. Not interested? There are ways to refuse or disclaim the inheritance, but there are deadlines, so don’t wait.
- Keep an eye on fees. Maintenance fees and special assessments don’t stop just because the owner passed away. Sometimes, these fees can add up to thousands per year. Here’s what you might expect:
| Yearly Maintenance Fee (Average) | Transfer Fee | Special Assessments (Possible) |
|---|---|---|
| $1,000-$1,200 | $100-$500 | $0-$2,500 |
Those numbers can really mess with your budget if you’re not ready for them.
- Talk to a timeshare exit expert or lawyer. If you feel stuck or pressured, get an expert on your side. Some timeshare companies are notorious for sales pitches and scare tactics. Don’t rush to sign anything unless you’re sure you want the timeshare.
- Look for ways to sell, rent, or donate. Sometimes, you can sell the timeshare or rent it out to cover costs. In rare cases, organizations might accept donated weeks. Not every option fits every contract, so check the fine print.
Last tip: Always save every document and note who you talked to at the timeshare company. The paper trail saves tons of stress if questions pop up later—especially when family members disagree about what should happen next.