Do I Have to Take Over My Parents' Timeshare? Here’s What To Know
May, 11 2025
So, your parents dropped the “timeshare” bomb on you and now you’re stuck wondering if you’re actually on the hook for their annual fees and that never-ending maintenance bill. This isn’t just some distant problem—most timeshare contracts are designed for the long haul, and when the original owners are no longer around, things can get tricky for the next in line.
First things first: you don’t automatically have to take over your parents’ timeshare just because you’re related. A lot of people get freaked out thinking they’re legally trapped. But timeshares are a type of property interest—they can be passed down in a will, true, but you have choices about accepting it.
Before you start panicking about expensive resort fees or surprise bills, get clear on the details of your parents’ timeshare contract. Is there a mortgage attached? Are there outstanding dues? If you say yes, you might inherit both the perks and the headaches. If you say no, you’re usually off the hook, but you have to make that clear to the timeshare company and handle the paperwork the right way.
- How Timeshare Inheritance Works
- Legal Obligations: Can You Say No?
- Hidden Costs and the Fine Print
- Tips for Getting Out or Taking Over
How Timeshare Inheritance Works
If someone in your family owns a timeshare, you might be wondering what happens to it when they pass away. Here’s the short answer: a timeshare is considered property, just like a car or a piece of land. If there’s a will, it spells out who gets what—including the timeshare. If there isn’t, state law decides who inherits it, usually the closest relatives.
But inheriting a timeshare isn’t like getting money or stocks. Even if it’s in your name after the estate is settled, you’re not automatically forced to accept it. You usually have a choice to “disclaim” (turn down) the timeshare. It doesn’t matter whether the ownership is deeded (meaning your family owned a slice of the property forever) or non-deeded (like a membership with some perks)—the process is about the same: you can say yes or no.
| Situation | What Happens |
|---|---|
| Will Names You Heir | You can accept, sell, or disclaim the timeshare. |
| No Will | State law gives it to closest relative, who can accept or disclaim. |
| Outstanding Payments | Debt stays with property. New owner is liable if they accept. |
Here’s a helpful tip—don’t ignore paperwork from the timeshare company. They usually reach out to the estate right away after being notified of the owner’s passing. Respond quickly to avoid getting stuck with a bill or having it drag out in probate court. If you decide you don’t want the timeshare, you’ll need to formally decline it—just telling a family member isn’t enough. That means filing the right forms with the executor of the estate and the timeshare company.
If there are multiple heirs, stuff can get messy fast. All named heirs have to agree on what happens to the timeshare. Disagreement might mean extra legal costs or headaches for everyone involved. So, open up those family group chats early.
- Find out exactly what kind of timeshare it is (look for deeded or right-to-use details)
- Check for any ongoing loans or unpaid fees
- Decide—quickly—if you want to accept, sell, or disclaim
- File all paperwork with the estate and the timeshare company
The biggest thing to remember? Sometimes a timeshare inheritance is more work than it’s worth, so it pays to look at all the details before making any decision.
Legal Obligations: Can You Say No?
Here’s the bottom line: you don’t automatically have to take your parents’ timeshare if you don’t want it. When someone passes away, their timeshare interest gets handled through their estate, like with any other property. You’re not forced to inherit their timeshare or the bills that come with it, but there are steps to follow to make sure you don’t wind up responsible by mistake.
If your parents left a will naming you as their heir, you can “disclaim” or refuse the inheritance in most U.S. states. This isn’t a casual thing—you’ll need to file a written disclaimer with the probate court or whoever’s handling the estate. No paperwork, no official refusal, and the timeshare company might keep coming for you.
Here’s how it usually works if you want to say no:
- Check state laws on disclaiming inheritance—most have rules about how and when you have to file.
- Let the executor of your parents’ estate know you’re declining the timeshare ASAP.
- File a written disclaimer with the probate court within a certain period—usually nine months from the date of death.
- Get confirmation from the timeshare company or resort that you’re not listed as the new owner. Don’t skip this—they can be relentless about tracking new heirs.
If there’s no will, you still have a chance to refuse the timeshare during the probate process. If you just ignore everything and don’t respond, things get messy. The estate will stay responsible until someone deals with it or the timeshare company eventually forecloses on the interest—which can still cost your family money and headaches.
Parents sometimes think they’re giving a gift by leaving a timeshare, but you have the right to say, “No thanks!” as long as you act quickly and get it in writing. Don’t let anyone pressure you—timeshare companies can be aggressive, but the law is usually on your side if you handle it properly.
Hidden Costs and the Fine Print
This is where reality hits hard. Timeshares aren’t just about “vacationing for life”—they’re loaded with expenses that most people forget about. First, there’s the yearly maintenance fee, and it isn’t locked in. According to ARDA, the average fee jumped from $640 in 2007 to over $1,000 by 2023. Resorts can bump this up whenever they need money for repairs, new pools, or just because costs go up. And if you skip out, they can send collectors after you or your parents’ estate.
Next up: special assessments. This is code for big, surprise bills. If the property needs a new roof or faces hurricane damage, owners get hit with these extra charges. Some families have reported sudden bills hitting $3,500 or more in a single year, on top of regular dues.
The fine print in timeshare contracts isn’t exactly bedtime reading, but you need to know what’s in there. Some contracts automatically renew, or lock you in for decades. Others charge transfer fees if you even try to give the deed back or pass it to someone else. And yes, you can get stuck with resort taxes, booking fees, or costs just to swap destinations within the brand’s system.
- Watch for mortgage obligations. If your parents financed the purchase and didn’t pay it off, that debt doesn’t magically disappear.
- Some companies offer “deed back” or exit programs, but often charge a hefty fee and don’t accept all properties.
- Late payments can mean huge penalties, dings on your credit score, or legal troubles if collectors get involved.
Read every page of the contract. Don’t just trust summaries or salespeople. Knowing these details gives you leverage if you decide to keep, sell, or walk away from your parents’ timeshare. Ignoring the fine print is where most folks get burned.
Tips for Getting Out or Taking Over
If you find yourself at the crossroads of what to do with your parents' timeshare, it's smart to know the real options on the table. These contract details can be sneaky—timeshare companies don't always make it easy to just walk away. But if you act fast and know your rights, you can dodge a ton of headaches (and bills).
Let's break it down, step by step:
- Decide Fast: If you’re named as inheritor or executor, you’ll usually get a notice from the timeshare company. Don’t ignore it. There’s often a limited window—sometimes as short as 30 days—to accept, reject, or disclaim the interest in the property.
- Formally Disclaim in Writing: If the thought of picking up those fees makes your stomach drop, you can legally say “no thanks.” You’ll need to sign a formal disclaimer document, which usually has to be notarized. Get proof that the timeshare company received it.
- Check for Debt: If there’s still a mortgage on the timeshare, or fees left unpaid, those don’t just disappear. The estate might have to settle it before anyone can let go of the contract.
- Negotiate with the Timeshare Company: Sometimes, you can talk your way out. Let the company know nobody wants the timeshare—they may let your family surrender the interest or may offer a “deed-back” program. These are becoming more common with older, harder-to-resell timeshares.
- Consider a Specialist: There are legit timeshare exit companies and even attorneys who deal with this all day long. They charge fees, but if you’re lost or the contract’s a mess, it might save you more in the long run.
If you actually want to take over the timeshare, it pays to know what you’re signing up for. Take stock of:
- The annual maintenance fees, which as of 2024, average about $1,112 per year in the U.S.
- Special assessments. These are surprise bills that can pop up if the property needs major repairs. Always ask for the last few years’ worth of fee statements.
| Common Timeshare Costs (2024) | Average Amount (USD) |
|---|---|
| Annual Maintenance Fee | $1,112 |
| Transfer/Change of Ownership Fee | $300 - $800 |
| Special Assessment | $350 - $1,350 (one-time, varies) |
If you decide to keep the timeshare, change all the contact info with the management company, update payment methods, and read the contract (yeah, even the fine print) so you know exactly what could come your way.
Remember, you’re not stranded. Every year, thousands of heirs choose not to inherit a timeshare—so don’t feel pressured or rushed by timeshare reps. The most important thing is acting quickly and getting your answer in writing.