Learn what happens to your timeshare obligations when you pass away, and how your family can avoid inheriting unwanted fees and debt.
Introduction
Timeshares are marketed as “lifetime vacation ownership,” but that “lifetime” part can be misleading. Many owners are surprised — and concerned — to learn that timeshare obligations can survive them. The big question is: will your spouse, children, or other heirs be legally responsible for your timeshare after you die?
1. How Timeshare Obligations Transfer After Death
When you pass away, your timeshare typically becomes part of your estate, just like a house, car, or other asset. That means:
- If your heirs accept the inheritance, they also accept all maintenance fees, loan payments, and other obligations.
- If your heirs refuse (disclaim) the inheritance, they can avoid the liability — but they must follow legal procedures to do so.
2. Spousal Responsibility
In community property states, a surviving spouse may automatically inherit both the asset and its debt, even without accepting it in probate. In other states, the spouse is only responsible if they co-signed the contract or loan.
3. Children and Other Heirs
Your children, siblings, or other named heirs are not automatically responsible unless:
- They co-signed the original timeshare contract or loan
- They choose to accept the inheritance during probate
4. How Heirs Can Disclaim a Timeshare
Disclaiming an inheritance is a formal legal process. It usually requires:
- Filing a written disclaimer with the probate court within a set time (often 9 months from the date of death)
- Not using or benefiting from the timeshare in any way before disclaiming it
Once disclaimed, the obligation reverts back to the resort or developer.
5. Avoiding the Burden Before It’s Passed On
The safest way to protect your family is to:
- Cancel or exit the timeshare while you’re still alive
- Transfer ownership (if possible) to another party
- Work with an attorney to structure your estate so the timeshare doesn’t automatically pass to heirs
Conclusion
While your spouse or children could end up with your timeshare obligations, they usually have the right to refuse it — if they act quickly and correctly. Planning ahead and addressing your timeshare now is the best way to spare your loved ones financial and legal headaches in the future.