Inherited a Florida Timeshare? Timeshare Probate, $3,500 Flat Fee

Keep it, hand it back, or let it go. We'll tell you which one needs a court order.

A deeded Florida timeshare is Florida real property. When the owner dies with the deed in their sole name, the resort will not transfer it, and will not take it back, until a Florida probate court moves it out of the deceased owner's name. That court order is the timeshare probate we handle. Not every timeshare needs one, and we check yours before you pay anything.

Keep the timeshare

The court's order, recorded in the county where the timeshare sits, moves it out of the deceased owner's name and into the heirs'. In a summary administration the recorded order does the work of a deed, so no separate deed from the estate is needed. If several heirs inherit and only one wants to keep it, the transfer between them is a separate step that comes after the probate.

Give it back to the resort

Resort deed-back and exit programs deal only with an owner of record. The probate order makes you that owner. You hand the resort a certified copy of the recorded order along with its own deed-back paperwork. Each resort sets its own requirements and decides whether to take a timeshare back.

Walk away from it

Sometimes the right move is not to open a probate at all. That can mean a formal disclaimer, or a family decision to leave the timeshare in the estate. Either one has consequences for fees, liens, and the next heir in line. We'll tell you where you stand on the first call, free, before you spend a dollar.

$3,500

One flat fee for an uncontested Florida timeshare summary administration, court costs included.*

That covers a summary administration, the short form of Florida probate that most inherited timeshares qualify for, including the court filing fee, certified copies, and county recording for one Florida timeshare in one Florida county where the heirs agree. If your resort charges its own transfer fee, that fee is set by the resort and paid by you directly to the resort. It is not part of what we charge and it is not included in the $3,500. If the estate needs a formal administration, or the case has other Florida property, a creditor problem, or an heir who won't sign, we tell you what that costs before you hire us, and you decide then.

A call with the attorney, not an intake screener
The Florida court order the resort is asking for
The court order recorded in the county, which is what moves the timeshare into the heirs' names
Every court form drafted, signed electronically, and filed for you
Certified copies of everything, ready to hand to the resort
No hourly bills, and no add-ons for phone calls or emails within the flat-fee scope

*The $3,500 flat fee covers an uncontested summary administration of one deeded Florida timeshare in one Florida county, with all heirs in agreement, and includes the court filing fee, certified copies, and county recording. It does not include the resort's own transfer or deed-back fee, past-due maintenance fees, taxes, or liens, or any conveyance between heirs after the probate. A formal administration, additional Florida property, a contested matter, or a creditor issue is quoted separately in writing before any work begins.

Start your case

Why an inherited Florida timeshare needs a Florida probate

Most people who own a Florida timeshare don't live in Florida. When a deeded timeshare is titled in the deceased owner's sole name, it is Florida real property in a dead person's name, and moving it takes a Florida court proceeding. It doesn't matter where the owner lived or where the heirs live, and a probate opened in the home state does not, by itself, transfer Florida real estate.

For an out-of-state owner, that proceeding is called ancillary probate. Because most timeshares fall well under Florida's summary administration limit, and because by the time a family turns to the timeshare the death is often more than two years back, most timeshare probates qualify for summary administration, the shorter form of Florida probate. That is what makes a flat fee possible.

Once the court enters the order, we record it in the county where the timeshare sits. The recorded order is what moves title, so there is no separate deed out of the estate. We send you certified copies of everything, and you give those to the resort with its transfer form. From there you keep it, transfer it to the family member who wants it, or hand it back to the resort.

You may not need probate if

The timeshare was owned jointly with rights of survivorship and the other owner is alive.

The timeshare was held in a living trust.

The program is a trust-based points membership rather than a recorded deed. Some newer programs transfer with a death certificate and their own forms.

Tell us the resort and program on the intake form and we'll check before you pay anything.

Six to ten weeks, four steps, none of them in Florida.

Tell us the basics

Ten-minute form. The owner's name, where they lived, which resort, who inherits.

Sign from home

Everything by e-signature. Florida remote online notary if a document needs it.

We file and handle the court

E-filed in the right Florida county. We deal with the clerk so you don't.

Order recorded and in your hands

Order entered and recorded, certified copies sent to you for the resort. Done.

Timeshare probate for any Florida resort

Our job is the legal work: the Florida court order, entered and recorded. Each resort has its own transfer form and fee, which you submit and pay directly to the resort. We tell you up front what the resort will need from the probate so what you hand them is complete.

Disney Vacation Club probate Marriott Vacation Club Hilton Grand Vacations Club Wyndham Westgate Resorts Holiday Inn Club Vacations Bluegreen Vacations Diamond Resorts Sheraton Vistana

Resort names are used only to identify the properties whose deeds we probate. No resort sponsors or endorses this firm. Not every product a resort sells is a deeded interest, and points or trust-based memberships may transfer without a Florida probate.

Florida counties where timeshares are probated

For an owner who lived outside Florida, the probate is filed in a Florida county where the owner held property, which for a timeshare is normally the county where the resort sits. These are the counties that hold most of Florida's major timeshare resorts.

Orange County (Orlando) Osceola County (Kissimmee) Miami-Dade Broward (Fort Lauderdale) Volusia (Daytona Beach) Pinellas (Clearwater) Lee (Fort Myers) Collier (Naples) Monroe (Key West) Bay (Panama City Beach)

John C. Martin, II, Florida attorney, Martin Law, PLLC

A Florida lawyer, not a call center.

John C. Martin, II is the managing attorney of Martin Law, PLLC, a Florida firm practicing statewide from Ocala. He is a member of The Florida Bar and Board Certified in Construction Law by The Florida Bar. His construction practice runs on recorded instruments, county recording, and real property title, the same machinery a timeshare probate turns on. InheritedTimeshare.com is the firm's practice focused on Florida timeshare probate and ancillary administration for families and attorneys outside the state.

Out-of-state probate attorneys and executors: we act as Florida counsel for the ancillary proceeding only, keep you copied on every filing, and return the certified, recorded order for your file. Refer a matter.

Inherited timeshare questions, answered

Do I have to go to Florida?

No. We e-file in the Florida court, signatures are electronic, and any notarization is done by Florida remote online notary from wherever you are. If a court ever asks for anything more, we handle it and tell you first.

Does an inherited Florida timeshare really have to go through probate?

If it's a deeded timeshare titled solely in the deceased owner's name, yes. A resort will not move a recorded deed on a death certificate alone; it takes a Florida court order or a deed from a living owner of record. If the timeshare was in a trust, held with a surviving joint owner, or is a points membership rather than a deed, you may not need probate, and we'll tell you that on the first call.

There was no probate in the home state. Does that matter?

It doesn't stop you. Florida needs its own proceeding for Florida real property, and a Florida summary administration can be opened without one back home. If there was a home-state probate, we use it, which usually makes the Florida case simpler.

The owner died more than two years ago.

That usually makes it easier. After two years, creditor claims against the estate are barred, and the estate qualifies for summary administration regardless of value, unless the will specifically calls for a formal administration.

Can I refuse an inherited timeshare?

Yes. Florida allows a formal written disclaimer if you haven't already accepted the interest, and there are timing and formality rules. The timeshare then passes to whoever is next in line. We'll tell you whether a disclaimer helps your family or just moves the problem to a sibling.

Four heirs, one wants the timeshare.

The order puts the timeshare in all four names. The three who don't want it then transfer their shares to the one who does, which is a conveyance between living owners rather than part of the probate. It's a separate step and not part of the $3,500, and we'll tell you on the front end what it takes.

Maintenance fees are piling up. Can we stop paying?

Fees keep accruing against the timeshare while it sits in the deceased owner's name, and unpaid fees can lead to the resort foreclosing. Some families choose that path deliberately when nobody wants the timeshare. It's a real option, but it isn't the same as walking away clean: the estate stays on the hook until the resort acts, the balance keeps growing, and the resort can pursue the estate for it. We'll walk through it with you frankly before you decide.

Florida timeshare probate for out-of-state heirs

InheritedTimeshare.com handles Florida timeshare probate, ancillary probate, and summary administration for people who inherited a deeded timeshare in Orlando, Kissimmee, Miami, Fort Lauderdale, Daytona Beach, Clearwater, Fort Myers, Naples, Key West, and Panama City Beach from a parent, spouse, or relative who lived in another state. We move the timeshare out of the deceased owner's name and into the heirs', so the family can keep it, transfer it among themselves, or hand it back to the resort, for a $3,500 flat fee that includes court costs.

Timeshare inheritance help, not timeshare exit

We are a Florida law firm, not a timeshare exit company. We do not cancel contracts or promise to make a timeshare disappear. We clear the title through the Florida probate court so the family can keep the timeshare, transfer it to the one relative who wants it, or hand it back to the resort with clean paperwork. If probate isn't the right answer for your family, we'll say so on the first call.

Inherited a Florida timeshare? We handle the probate.