When I lost my dad last year, he left me his favorite vehicle, a suburban. While it gets horrible gas mileage, I still treasure the truck because I feel so close to him every time I drive it.

What if he had left me a timeshare instead? Unless that property possessed tremendous sentimental value or I knew I would use it regularly and long-term, I’d be wise to refuse it. That’s because timeshares come with high, mandatory, annual maintenance fees. Even a “free” timeshare will cost much more than you might imagine in the long run. More on average montly timeshare costs here.

So, can you refuse to inherit a timeshare? The answer is yes; you don’t have to accept a timeshare inheritance. If you are bequeathed a timeshare that you don’t want or can’t use, here’s what you need to know and how to legally disclaim it.

Quick Answer

Yes, you do not have to accept a timeshare inheritance. In most states, you can legally refuse a timeshare inheritance by filing a formal Disclaimer of Interest within a required deadline (often around nine months from the date of death). If properly filed, you are treated as though you never owned the property, meaning you are not responsible for maintenance fees or mortgage obligations. However, strict rules apply, and the process varies by state.

What You Need To Know & Do To Refuse A Timeshare Inheritance

Refusing a timeshare inheritance involves a formal process. You need to file a “Disclaimer of Interest”, a written refusal to accept the timeshare. A qualified estate attorney can help you with the paperwork.

Here’s what you need to know and what you need to do to refuse inheriting a timeshare:

1. File your disclaimer on time. Laws vary, but you’ll usually have about nine months from the date of death…unless you’re a minor, then the clock starts when you turn 21 (or 18, depending on state law).
2. Do not use the timeshare. You cannot legally disclaim a timeshare if you have already benefited from it after the owner’s death. You can’t even vacation there “just to check it out.” Otherwise, you might be paying those maintenance fees until you yourself will the property.
3. Notify the Executor and the Resort. Have the executor of the estate send a copy of the death certificate to the property management company in order to stop them from demanding maintenance fees. Also, if the unit has a mortgage, have the executor send the resort or bank a copy of the death certificate to stop them from putting the property into foreclosure.

4. Understand the “Waterfall” Effect. If you refuse a timeshare inheritance, it typically passes to the next eligible heir under the will or state intestacy laws. If that person does not want it either, they must file their own Disclaimer of Interest. This can continue down the line to children, grandchildren, or other named beneficiaries.

Tip: Be sure of your decision. Once you file a Disclaimer of Interest, your decision is permanent. In other words, you will have renounced your interest and won’t be able to give the property to charity or your best friend.

*These are only general guidelines about timeshare inheritance. You will need to consult an attorney to help you through this process, as it will vary from state to state. To learn more about how to get rid of your timeshare now, check out this article outlining options for unhappy timeshare owners.

What Happens to a Timeshare When Someone Dies?

If no one disclaims the inheritance, the timeshare becomes part of the estate, who may remain responsible for maintenance fees during probate. The resort may pursue payment from the estate’s assets and if the estate lacks funds, outcomes vary depending on state law and contract terms. More here.

Can You Be Forced to Inherit a Timeshare?

No, you generally cannot be forced to inherit a timeshare. However, if you accept benefits, miss the filing deadline or take control of the property, you may unintentionally assume responsibility. That’s why acting quickly is critical.

What Must a Disclaimer of Interest Include?

While requirements vary by state, disclaimers typically must:

• Be in writing
• Clearly identify the deceased and the property
• State that the beneficiary is refusing the inheritance
• Be signed and notarized
• Be delivered within the legal deadline

Some states also require recording the disclaimer with the county where the property is located.

How We Can Help

If you’re grappling with the complexities of timeshare inheritance or the disclaimer window has passed, Timeshare Specialists offers expert guidance and comprehensive exit strategies tailored to individual circumstances. Just give us a call at 1 800-965-6565.