More Than Seashells: The Florida Timeshare You Didn't Know You Inherited

Your loved one came home from Florida with the usual souvenirs: a shark-tooth necklace, a bag of seashells, a little glass bottle of sand, a sunburn, or maybe all of the above. What you didn’t know is that they also came home with something they never mentioned: a timeshare.

As a probate attorney, I can’t tell you how many times I’ve heard some version of this story. Sometimes a family member simply never talked about the timeshare. Other times it was bought years ago, never used, and quietly forgotten by everyone, until it resurfaced at the worst possible moment. And more often than you’d think, families don’t discover the timeshare at all until a notice turns up in a probate matter.

Over the years, I’ve worked with clients from across the country, and even internationally, who reach out for the very same reason: they want nothing to do with the timeshare they’ve inherited. Maybe the assigned week never fits their schedule. Maybe they have no desire to set foot in Florida. Maybe they simply don’t want to take on someone else’s recurring bill. Whatever the reason, they’re left wondering how a vacation memory became their problem.

Here’s why it happens, and what you can actually do about it.

A timeshare is Florida property, and it doesn’t just disappear

Most Florida timeshares are a form of real property interest. When the owner passes away, that interest becomes part of their estate, and so do the obligations that come with it. Annual maintenance fees, special assessments, and past-due balances don’t vanish; they keep accruing, and the resort or owners’ association will keep sending bills. Left unaddressed, those charges pile up and can make it harder to close the estate.

If your loved one lived out of state, Florida probate may still be required

This one surprises a lot of families. Even if your relative lived in another state or country, and their estate is being handled there, owning real property in Florida often means a separate Florida proceeding, called ancillary administration, is needed to transfer or dispose of that Florida property. Florida Statute 734.102 governs the ancillary administration of estates for nonresidents. It’s one of the most common reasons out-of-state and international families call my office: the main estate is handled back home, but the Florida timeshare needs a Florida attorney.

The good news: you have options

Inheriting a timeshare does not mean you’re stuck with it forever. Depending on the circumstances, there are usually several paths:

• Disclaim it. Florida law lets an heir or beneficiary formally disclaim (refuse) an inherited interest, if it’s done correctly, in time, and generally before accepting any benefit from it. However, it is important to note that by disclaiming the property it passes directly to the next beneficiary in line.
• Surrender it to the resort. Many resorts offer “deedback” or surrender programs that let the estate transfer the timeshare back, sometimes for a fee.
• Handle it through probate. The personal representative can address the timeshare as part of administering the estate, clearing the obligation and the title the right way so the estate can close cleanly.

A word of caution: be wary of “timeshare exit” companies that promise to make the whole thing disappear for a large upfront fee. Many charge thousands of dollars for something a probate attorney can handle properly, and some simply take the money and do nothing.

What I’d tell you not to do is nothing

Ignoring an inherited timeshare rarely makes it go away. The fees keep coming, the estate stays open, and the problem tends to land on the next person in line. Handling it correctly, and early, is almost always cheaper and far less stressful than letting it linger.

If you’ve found yourself the reluctant owner of a Florida timeshare you never asked for, you don’t have to figure it out alone. I help families across the country and around the world untangle Florida timeshares in probate, including the ancillary administration that out-of-state estates so often require. Let’s find the simplest way to put this souvenir behind you.