Should You Put Your Timeshare Into a Trust?

Timeshares can be wonderful for making vacation memories, but when it comes to estate planning, they can also be one of the trickiest assets to deal with. Unlike a home or retirement account, a timeshare isn’t just about ownership—it comes with ongoing fees, limited availability, and, sometimes, difficulty finding someone who actually wants to take it over.

So, if you’re setting up your trust, should you put your timeshare in it? Let’s look at both sides.

Why You Might Want to Put Your Timeshare in a Trust

1. To Keep the Vacation Tradition Alive
If your family loves the timeshare and plans to keep using it (and paying the yearly dues), putting it in your trust ensures it passes smoothly to the next generation.

2. To Avoid Probate in Another State
Many timeshares are deeded real estate located in states like Hawaii, Nevada, or Florida. If yours is deeded, transferring it into your trust can help avoid an extra probate process in that state after you’re gone.

3. If the Transfer is Simple
Some timeshare companies make it fairly easy to assign ownership to your trust. If it’s just a matter of signing a few papers, it may be worth the convenience.

Why You Might Want to Leave It Out

1. Flexibility for Your Heirs
Not everyone wants to inherit a timeshare. If it’s not in your trust, your heirs often have the choice to accept it through a simple court procedure—or to walk away from it altogether.

2. Less Burden on the Trustee
If a timeshare is in your trust, your trustee is responsible for paying the dues and dealing with the timeshare company until it’s transferred or sold. That can be a big ask for someone who never planned on managing a vacation property.

3. Protection from Ongoing Fees
Leaving the timeshare outside of the trust means the trust itself won’t be on the hook for never-ending maintenance fees. Only heirs who actively take ownership would become responsible.

The Reality for Most Families

Here’s what we see most often:

• Heirs are not eager to take on a timeshare, especially with travel being more flexible these days through Airbnb and VRBO.
• In many cases, death provides a “clean break”—heirs can decline to assume ownership.
• If an heir really wants the timeshare, they can usually use a quick and inexpensive legal process to take title.

If your timeshare is deeded, the process is usually straightforward. If it’s contractual, you’ll need to review the timeshare company’s rules to see if it can be assigned to a trust at all.

The Bottom Line

For many families, it makes sense to leave the timeshare out of the trust and let heirs decide what to do with it. But if your family is committed to keeping it, and transferring it is simple, then including it in your trust can provide clarity.

Every family’s situation is unique, and timeshares are no exception.

Ready to Review Your Estate Plan?

At Kaminski Law Group, we help families across California (and beyond) navigate tricky assets like timeshares so you can have peace of mind knowing everything is handled. If you’d like to review your estate plan—or get clarity on whether your timeshare should be included in your trust—contact us today or call us at (916) 540-7618.