What Happens to a Timeshare When the Owner Dies?

When a timeshare owner dies, the timeshare contract does not disappear. It becomes part of the deceased owner's estate and passes to heirs through probate, along with all associated maintenance fee obligations. Heirs who do not want the timeshare can formally disclaim it within 9 months of the death, but the process has strict legal requirements. Timeshare Consulting & Services Inc. specializes in inherited timeshare exits. Call (888) 530-7268 for guidance.

What Happens Step by Step

Death of owner: Maintenance fees continue accruing. The resort sends bills to the deceased owner's address.
Probate: The timeshare is identified as an estate asset. The executor/administrator must decide whether to keep, sell, or disclaim it.
If named in the will: The timeshare passes to the designated beneficiary, who can accept or disclaim.
If no will (intestate): The timeshare passes to heirs according to state intestacy laws, typically the surviving spouse or children.
Acceptance: If heirs accept, they assume full ownership and all future maintenance fee obligations.
Disclaimer: If heirs file a formal disclaimer within 9 months and before using the timeshare, they avoid personal liability. The timeshare reverts to the estate.

How to Disclaim an Inherited Timeshare

A disclaimer is a formal, legal refusal to accept inherited property. To properly disclaim a timeshare:

File the disclaimer in writing with the probate court
File within 9 months of the original owner's death
Do NOT accept any benefits from the timeshare before disclaiming (no using the unit, no receiving rental income)
The disclaimer must comply with your state's disclaimer statute and IRC Section 2518 for federal estate tax purposes
Consult with a probate attorney to ensure the disclaimer is properly executed

Options If You Have Already Accepted

If more than 9 months have passed or you have already used the timeshare, disclaimer is no longer available. Your options are:

Legal exit: An attorney or exit company can negotiate cancellation of the inherited contract
Developer deed-back: Some developers accept deed-backs from inherited owners (varies by developer)
Resale: If the timeshare has resale value (rare), sell through a licensed broker

Timeshare Consulting & Services Inc. handles inherited timeshare exits regularly. We understand the probate complexities and can work with estate attorneys to resolve the situation. Call (888) 530-7268.

Frequently Asked Questions

Do heirs have to accept a timeshare inheritance?

No. Heirs can disclaim (formally refuse) a timeshare inheritance, but the disclaimer must be filed within 9 months of the owner death and before accepting any benefits from the timeshare. A disclaimed timeshare reverts to the estate.

Can a timeshare company come after heirs for maintenance fees?

The timeshare company can collect unpaid maintenance fees from the deceased owner estate. If heirs accept the timeshare through probate, they become personally liable for future maintenance fees. If they disclaim, the estate (not the heirs personally) is responsible for outstanding debts.

How do I get rid of an inherited timeshare?

Options include disclaiming the inheritance (within 9 months), selling through a licensed resale broker, requesting a deed-back from the developer, or hiring a timeshare exit company to negotiate cancellation. Acting quickly after the owner death is important to avoid accumulating maintenance fee liability.

Related Resources

Need Personalized Advice?

Every timeshare situation is different. Call (888) 530-7268 for a free, no-obligation consultation where a timeshare exit specialist reviews your specific contract and recommends the best exit method for your situation.

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