What Happens to a Timeshare When the Owner Dies?

Timeshares are one of the most complicated pieces of property to have in an estate. They don't evaporate at death — they pass to heirs along with maintenance fees, special assessments, and any remaining mortgage. If you own a timeshare or have just inherited one, here's what to know.

How Timeshares Pass at Death

A timeshare is real property — it passes at death the same as any other real estate: through the will, through a trust, or through intestacy laws if there's no will. Along with the property, heirs inherit all associated obligations: annual maintenance fees (often $1,000–$2,500 per year or more), special assessments (charges for renovations or repairs), and any mortgage still owed on the timeshare.

Unlike many assets, inheriting a timeshare is not inherently valuable — secondary market values for timeshares are typically far below the original purchase price, and many have no resale value at all. What heirs receive is primarily an obligation.

Options for Heirs

Disclaim the inheritance

An heir who doesn't want the timeshare can formally refuse it through a legal document called a disclaimer or renunciation. Requirements:

Must be filed within 9 months of the date of death (in most states)
Must be in writing and meet your state's specific requirements (an estate attorney can prepare this)
Must be filed before the heir accepts any benefit from the property (use it, pay fees, etc.)

If properly disclaimed, the timeshare passes as if the disclaiming heir predeceased the owner — typically to the next contingent beneficiary or the estate. This doesn't make the timeshare disappear; it passes to the next person in line (who may also disclaim it).

Deed-back to the resort

Some resorts have formal programs that allow owners (or estates) to deed the timeshare back. Major brands with such programs include Marriott, Hilton Grand Vacations, and Wyndham (for some properties). Contact the resort's owner services department to ask. If they accept, this extinguishes all future obligations. Not all resorts offer this, and those that do may have specific eligibility requirements (no mortgage balance, current on fees, etc.).

Sell it

Selling a timeshare on the secondary market is possible but often disappointing — most sell for far less than the purchase price, and in some markets there are no buyers at any price. eBay, RedWeek, and Timeshare Users Group (TUG) are legitimate secondary market platforms. Be realistic about value.

Timeshare exit companies

Many companies offer to "exit" you from a timeshare. This industry has significant fraud and consumer complaints. Warning signs: upfront fees, guarantee of success, pressure tactics, and lack of verifiable track record. If considering an exit company, research carefully through the BBB and state attorney general complaints. Legitimate exit companies do exist but are fewer than their marketing suggests.

Stop paying (foreclosure)

If no other option works, stopping maintenance fee payments will eventually trigger a foreclosure by the resort, extinguishing the obligation. This affects your credit (a foreclosure appears on your credit report) but may be the only exit for a truly unsellable, undonatable timeshare. Consult an attorney before choosing this path.

What to Do if You Own a Timeshare

If you currently own a timeshare and don't want to leave this problem to your heirs, deal with it while you're living — the options are broader when the owner is alive than when the property is in a deceased estate. Contact the resort about their deed-back or surrender program; explore secondary market sale; or consult an attorney about your exit options.

Specifically, don't put a timeshare in your will expecting it to be a gift — unless you're confident the recipient wants it and understands the ongoing obligations.

Related Guides

Frequently Asked Questions

Do heirs have to accept a timeshare inheritance?

In most cases, yes — a timeshare passes to heirs like any other property, and along with it come the maintenance fees, special assessments, and any mortgage remaining on the timeshare. Heirs who inherit a timeshare are generally responsible for its ongoing costs. However, heirs do have options: they can disclaim (refuse) the inheritance formally through a legal document called a "disclaimer" or "renunciation of inheritance," typically within a set period (9 months from the date of death in most states) — if the disclaimer is filed properly, the property passes as if the heir predeceased the owner, rather than to them. They may also be able to deed the timeshare back to the resort, sell it, donate it, or in some cases simply stop paying maintenance fees and allow the resort to foreclose (which has credit implications). The best option depends on whether there is a mortgage, the resort's policies, and the heir's circumstances.

Can a timeshare resort refuse to take back the property?

Yes — timeshare resorts are not obligated to take back a timeshare and many refuse. Some resorts have formal deed-back or voluntary surrender programs (Marriott, Hilton, and Wyndham have programs for certain properties); others simply don't. If the resort won't take it back, other options include: selling on the secondary market (be aware that most timeshares sell for far less than their purchase price, and some have zero secondary market value); using a licensed timeshare exit company (be very cautious — this industry has significant fraud, and reputable companies are the exception rather than the rule; check BBB ratings carefully); donating to a charitable organization that accepts real estate donations; or simply stopping payment of maintenance fees, which will result in the resort foreclosing and extinguishing the obligation (this affects credit).

Can you put a timeshare in a trust to avoid passing it to your children?

Placing a timeshare in a revocable living trust doesn't help with this — the trust passes the timeshare to beneficiaries the same as a will would. To prevent a timeshare from passing to your children, you need to deal with it during your lifetime: deed it back to the resort (if they'll accept it), sell it, donate it, or use an exit program. If you hold the timeshare until death, the only way to prevent heirs from inheriting it is for them to formally disclaim the inheritance — which requires prompt action after your death. The most important thing you can do now: deal with an unwanted timeshare while you're alive rather than leaving it as a problem for your heirs.