How to transfer timeshare when one partner is deceased

[funtimeagain Junior Member Find all posts View Profile Close funtimeagain]

We're helping family members transfer their timeshare and one of the joint tenants recently died. Is this a two step process to first transfer to the surviving partner who will then deed to the new buyer? Or can it be done in one step with the new deed indicating the one joint tenant is deceased and including a death certificate? thanks for your assistance.

[Carolinian Super Moderator Find all posts View Profile Close Carolinian]

Real estate law is state specific, and you need to talk to someone qualified who is familiar with the law of the state where the timeshare is located, but in many states your second scenario is likely close to the mark, although merely reciting the death of one of the joint tenants may be enough without attaching any death certificate.

[JLB Please excuse me, I'm a Dick. Not a moron just a Dick Find all posts View Profile Close JLB]

It probably doesn't need to be said, but before anything can be done to transfer it to a "new owner", it must clear probate.

http://www.sanbornteam.com/probate/s...-sale-process/

[Carolinian Super Moderator Find all posts View Profile Close Carolinian]

It probanly doesn't need to be said, but before anything can be done to transfer it to a "new owner", it must clear probate.

Again, whether probate is necessary in a joint tenancy or tenancy by the entirety will be governed by the law of each state, and that may well vary.

[rikkis_playpen Diamond Club Contributor Find all posts View Profile Close rikkis_playpen]

If you identify the resort being transferred, we can provide you with specific closing agent recommendations who can help determine what needs to be done to legally transfer ownership.

[funtimeagain Junior Member Find all posts View Profile Close funtimeagain]

Found out the information for anyone else that may need to do this. It is a two step process. One has to file an Affadavit of Death with a copy of the death certificate in the county where the property is located. It is a specific form available from various county websites and has to have the legal description of the property. Then the deed is filed with the one grantor named and the second grantor named as deceased.

[Carolinian Super Moderator Find all posts View Profile Close Carolinian]

Again, such laws are state-specific, so it might be helpful to others to identify the state involved. Otherwise some may end up chasing documents that do not exist in the state where their timeshare is located.

Found out the information for anyone else that may need to do this. It is a two step process. One has to file an Affadavit of Death with a copy of the death certificate in the county where the property is located. It is a specific form available from various county websites and has to have the legal description of the property. Then the deed is filed with the one grantor named and the second grantor named as deceased.

[JLB Please excuse me, I'm a Dick. Not a moron just a Dick Find all posts View Profile Close JLB]

It probably doesn't need to be said, but before anything can be done to transfer it to a "new owner", it must clear probate.

http://www.sanbornteam.com/probate/s...-sale-process/

I will reword that to state that it must be done in the manner prescribed for when one person on the deed is deceased, based on local law. In my experience, it must be accounted for as a date of death asset.

This type of information can be found in a google search search for a specific state.

https://www.google.com/#sclient=psy-...w=1280&bih=572

[funtimeagain Junior Member Find all posts View Profile Close funtimeagain]

One correction on the new transfer document. The decedent is not mentioned as a grantor since the Affidavit of Death terminates the joint tenancy. The timeshare is in Utah.

[JLB Please excuse me, I'm a Dick. Not a moron just a Dick Find all posts View Profile Close JLB]

In that case:

http://info.legalzoom.com/actions-mu...tah-21732.html

http://www.utahprobate.com/PRDuties.htm

Itemizing personal property is a daunting task, which is why Utah does not allow an estate to be closed sooner than four months after the decedent’s death.

The question I am trying to address is not what procedure, or documents, are required to establish the death of the decedent, but, rather, who has the power to sell property titled to a decedent. That would be the Executor or Personal Representative. Sure, for instance, in order to sell my Dad's car, I had to provide a Certificate of Death to the County, but that is not the important aspect of this question.

There are also laws regarding who is entitled to assets when a decedent was intestate, and they are quite interesting, especially if the decedent has issue from a previous marriage, in which case what the surviving spouse has rights to is specific and spelled out by statute.

As some here know from my experience, not following the laws of a state, not doing exactly what is spelled out, can be a lengthy and costly mistake. I could elaborate.

Re-reading the information provided by the OP, my answer would be that the Executor, Personal Representative, or Attorney for the Estate, would be the one to handle the inventorying, sale and distribution of assets, according to the laws of Utah. That person, or those people, will know what to do.

But, anyone can do whatever they want to do, as long as they are willing to suffer the consequence.

[JLB Please excuse me, I'm a Dick. Not a moron just a Dick Find all posts View Profile Close JLB]

http://www.timeshareforums.com/forum...hlight=problem