Can Your Children Inherit Your Florida Timeshare? What the Law Actually Says

One of the most common fears among Florida timeshare owners is that their contract — along with its ever-increasing maintenance fees — will be passed to their children when they die. That fear is well-founded, but the legal picture is more nuanced than most people think.

Perpetuity Contracts and Inheritance

Many Florida timeshare contracts are structured as perpetual obligations. They do not have an end date. When the owner dies, the timeshare interest becomes part of their estate, just like any other asset or obligation.

If the estate goes through probate, the personal representative must deal with the timeshare as part of the estate administration. If the heirs accept the inheritance — even passively — they may inherit the ongoing fee obligations along with the usage rights.

The Disclaimer Option

Florida law provides heirs with the right to disclaim inherited property under the Florida Uniform Disclaimer of Property Interests Act (Fla. Stat. Chapter 739). A proper disclaimer must be in writing, must be delivered within statutory deadlines, and must comply with specific procedural requirements.

If your children do not want to inherit your timeshare, they need to know that this option exists — and they need to act within the required timeframe. A late or improper disclaimer may not be effective.

What You Can Do Now

If inheritance is your concern, the most practical step you can take is to pursue an exit while you are alive and in control of the process. The exit paths available to a living, current owner (voluntary surrender, misrepresentation-based dispute, attorney-assisted exit) are generally stronger than the options available to heirs dealing with an inherited obligation.

Back to the Florida Timeshare Consumer Protection Guide — the complete overview of your rights under Florida law.