Timeshare Probate in Florida
Probate for Florida Timeshare Owners
When a non-resident Florida timeshare owner dies, an ancillary estate probate proceeding must be filed in Florida to distribute the property to the heirs. To legally transfer the title, a probate action will need to be filed in the county where the timeshare is located.
We assist clients in need of such services throughout the state in every county. Contact us for our flat rate fees for each Florida county.
Ancillary Probate and
How Timeshares are Inherited
In Florida, timeshares are considered property. Therefore, when a non-resident of Florida owns a Florida timeshare in his or her name and passes, the timeshare is subject to Florida probate laws and rules. Thus, the transfer of the timeshare to heirs must be administered by a Florida Court in the county or judicial circuit where the timeshare is located. A Florida probate action is required which is referred to as an Ancillary Probate Administration.
Our firm frequently performs Florida Ancillary Probate Administrations for clients who live outside of Florida. We work directly with attorneys, heirs, and timeshare resorts to make sure the timeshare is transferred properly and efficiently into the proper name(s).
Generally, a timeshare is worth less than $50,000 which, in Florida, allows our firm to perform whats called an Abbreviated Florida Ancillary Summary Administration under Florida Statute 734.1025. This is much quicker than a normal Probate Administration. We are also allowed to take advantage of this quicker administration if the non-resident timeshare owner has been deceased for more than two years.
For example, if a Florida timeshare owner lives in New York and owns a timeshare in Miami, Florida and passes away, the disposition of the Miami timeshare is subject to Florida Probate laws, rules and procedure. To transfer the timeshare into the name of the beneficiary, it must be probated in Miami-Dade County.
Our firm can efficiently handle all out of state resident ancillary probate matters for any timeshare resort in Florida.