The Estate Desk

Last verified 2026-11-01; facts checked against the primary sources below

What happens to a timeshare when the owner dies?

Adam Nathan

Reviewed by Adam Nathan, founder of The Estate Desk

Facts checked against the official sources on this page on November 1, 2026. Not legal advice.

Last verified: November 1, 2026

The short answer: When a timeshare owner dies, the timeshare does not end. A deeded timeshare is real property that heirs may inherit (FTC), and the owner's unpaid bills, such as maintenance fees owed at death, are paid from the estate, not from family members' own money unless they co-own or co-signed (FTC; CFPB). Heirs can keep it, sell it, use the company's own exit or transfer program, or refuse the inheritance with a written disclaimer before accepting it (26 U.S.C. § 2518).

Is the timeshare deeded or points-based?

Start with the contract or the latest maintenance fee statement. The kind of ownership decides who has to sign what.

Type What the owner holds What it means after a death Source
Deeded A specific unit for a specific week each year Legally real property that heirs may inherit. A change of owner usually needs a new deed recorded in the county where the resort is FTC; Club Wyndham
Points-based A set number of points to spend at the club's resorts Ownership is changed on the club's account records. Club Wyndham handles a dead co-owner on a non-deeded account with a copy of the death certificate FTC; Club Wyndham

The FTC adds that timeshare laws are specific to the state where the property is located (FTC). A deeded week in another state can mean dealing with that state's rules as well as the home state's.

Who pays the maintenance fees after the owner dies?

Who Do they owe it from their own money? Source
The estate Yes. A deceased person's debts are paid from the estate, and the executor settles them FTC
A surviving co-owner on the contract Possibly. A person who co-signed an obligation can owe it personally FTC; CFPB
A surviving spouse Possibly, in a community property state such as California or a state that makes spouses pay certain debts FTC
Children and other relatives who did not sign Usually not. Family members usually do not have to pay a deceased relative's debts from their own money FTC
Nobody, if the estate has nothing If the estate cannot pay, the debt will generally not be paid CFPB

An heir who takes the timeshare becomes its owner. The FTC says timeshare owners usually pay regular maintenance fees and other recurring charges, and that those fees typically rise at rates that equal or exceed inflation (FTC). Ask the company for the current balance and the yearly fee before deciding.

Can heirs refuse to inherit a timeshare?

Yes. Federal tax law recognizes a "qualified disclaimer," a refusal of an inheritance that meets these conditions (26 U.S.C. § 2518(b)):

Condition What the law says
Form The refusal is in writing
Deadline It reaches the estate's representative or the title holder no later than 9 months after the later of the transfer or the day the person turns 21
No acceptance The person has not accepted the interest or any of its benefits
Where it goes The property passes without direction from the person refusing it, to the spouse or to someone else

Because the law requires that the person has not accepted any of the timeshare's benefits, ask a lawyer before using it if you may refuse it. This is the federal tax rule; a lawyer in the state where the estate is handled can say how that state treats a refusal.

How do you transfer, sell or give back the timeshare?

The FTC says to start by contacting the timeshare company, and that some companies have exit programs that let owners leave for a modest fee (FTC). These are the deceased-owner and exit details we found on each company's own site:

Company Remove a dead co-owner Transfer, exit or give back Contact Source
Club Wyndham Upload a copy of the death certificate with the "WVR General - Add/Remove" form and the contract or member number (non-deeded ownership). For deeded ownership, upload a newly recorded deed from the county where the property is; Club Wyndham's Title Services does not update deeds, so a title company or title attorney does it Ownership changes may carry a $399 processing fee. Its Certified Exit program is free to talk to; it offers transfer to an immediate family member for free, and eligible owners with a paid-off loan may be able to voluntarily surrender their points. Some options carry fees, such as resale commissions Wyndham Cares, 866-434-9046, Monday to Friday 9 a.m. to 7 p.m. ET Ownership changes; Certified Exit
WorldMark by Wyndham Lists "Removing a name due to death" as an ownership change request; supporting documents are uploaded with the request Requests go to its Title Services Department, which may contact you for more information 1-800-537-6497 or [email protected] WorldMark
Marriott Vacation Club We found no public deceased-owner page on November 1, 2026 Ask owner services for its deceased-owner checklist The contact on the maintenance fee statement None found
Hilton Grand Vacations We found no public deceased-owner page on November 1, 2026 Ask owner services for its deceased-owner checklist The contact on the maintenance fee statement None found

If the company is not listed, use the contact on the maintenance fee statement and ask four questions: what documents it needs for a death, the current balance, whether it takes timeshares back or has an exit program, and whether it charges a transfer fee.

How do you avoid timeshare resale and exit scams?

Heirs who want out are the people these schemes target. On April 20, 2026, a federal court ordered the operator of one timeshare exit scheme to pay $140 million; the FTC says the scheme falsely claimed to be connected to timeshare companies and told owners they could not exit without paying its fees (FTC). Customers of another exit company paid $5,000 to $80,000, and the company rarely delivered (FTC).

Warning sign or step What the FTC says Source
A guaranteed sale or big returns Anyone who guarantees a sale or big returns is a scammer FTC
A buyer is waiting, if you pay first There is really no buyer, and if you pay, you lose your money FTC
Large up-front fees A warning sign is a company that demands large up-front fees before it does anything FTC
When the fee is paid It is better to use a reseller that takes its fee after the timeshare is sold; if you must pay in advance, get the refund policy in writing FTC
Check the company Search its name with "scam" or "complaint," and ask your state attorney general and local consumer protection office about complaints FTC; FTC

The FTC also says not to assume you will get back what was paid for the timeshare (FTC). Report a scam at ReportFraud.ftc.gov.

What should I do now?

  1. Find the contract and the latest maintenance fee statement. They show whether it is deeded or points-based, who the owners are, and who to contact.
  2. Tell the timeshare company about the death. Ask for its document list, the balance, and its transfer, take-back or exit options.
  3. Decide before anyone uses it. If an heir may refuse it, check the 9-month disclaimer deadline and talk to a lawyer before using the timeshare.
  4. Pay estate bills from estate money. The executor settles the person's debts from the estate (FTC). In California, see the order California estates pay debts in.
  5. Ignore unsolicited offers to buy it or get you out for a fee up front.

Other debts work the same way. See do I have to pay my parent's credit card debt, and for everything else the person left, the guide to accounts after a death.

This is general consumer information, not legal advice. Who inherits a timeshare, and whether an estate must be opened to transfer it, depends on the will, how the timeshare is titled, and the law of the states involved.

The Estate Desk helps families settle estates. theestatedesk.com

Primary sources