Think Twice Before Inheriting That Florida Timeshare!

When a loved one passes away, handling their estate can be overwhelming—especially when a Florida timeshare is involved. Lately, we've seen more and more families confused about what happens to a timeshare after death. While it may seem like just another vacation perk, a timeshare is actually a legal real estate interest that must go through Florida probate.

Here’s what families should understand before making any decisions.

Is Probate Required for a Timeshare?

Yes, in most cases. Timeshares are considered real property under Florida law. That means even if the decedent had a will that named you as a beneficiary, you can’t take ownership until the timeshare is legally transferred through the probate court. This process ensures that the title is properly passed to the rightful heir or heirs.

Think Twice Before Accepting a Timeshare

Just because you can inherit a timeshare doesn’t mean you should. Consider the following:

• Do you plan on using the timeshare regularly?

• Are the annual maintenance fees manageable for your budget?Is there any real resale value?

If the timeshare is the only asset left in the estate, the cost of probate might be more than the timeshare is worth.

5 Key Things to Consider About Timeshare Inheritance in Florida

1. Limited Resale Value: Most timeshares don’t hold much resale value. Unless the property is in a high-demand location, selling it may be difficult and offer little return.

2. Probate Is Still Required: Even if a will mentions the timeshare, it won’t transfer legally without probate. Skipping this step means you don’t actually own the property.

3. You Can’t Transfer What You Don’t Own: Timeshare companies may suggest signing a quitclaim deed back to them—but you can’t give up something you haven’t legally inherited yet. Until probate is complete, you don’t have authority to act.

4. You’re Not Obligated to Accept It: If you don’t want the timeshare, you can decline the inheritance. This avoids being tied to future costs like maintenance fees, taxes, and assessments.

5. Fee Collection Can Extend Across State Lines: Some assume that if they live in another state, they can ignore a Florida timeshare. Not true. Associations may file claims against the estate in the home state to recover unpaid fees, which could affect the entire inheritance.

   
   

Why Legal Advice Matters

Every estate is different. If you're dealing with an inherited Florida timeshare, especially one located far from where you live, it’s smart to talk to a Florida probate attorney. They can help you understand your rights and options—whether that means completing the probate, disclaiming the inheritance, or finding another path forward.

Bottom Line

A timeshare might not seem like a major asset, but it comes with long-term obligations that can complicate the probate process. Before taking ownership, weigh the pros and cons carefully—and don’t hesitate to seek legal help to avoid unnecessary costs or liability.

For more information, contact our office at Askew & Associates, P.A. by calling 954-546-2699.

Disclaimer: this blog post is not intended to be legal advice. We highly recommend speaking to an attorney if you have any legal concerns.