Location of The Probate
A Nevada timeshare is considered real estate and real estate always has to be probated in the state in which it is located. Unfortunately, this means that a Las Vegas timeshare has to be probated in Nevada even if the person who died lived in another state and had a probate in that state. For example, a Wisconsin resident dies owning a timeshare in Las Vegas's Tahiti Village. Because the timeshare is Nevada real estate, the title must be transferred to the heir in a Nevada ancillary probate proceeding even though the main probate was done in Wisconsin.
Probating a Timeshare
In Nevada the procedure for probating a timeshare is called a "Set Aside Without Administration" and it is the same procedure used for estates under $100,000. (Most timeshares are worth less than $25,000, but the simplified Nevada probate procedure for estates less than $25,000 doesn't apply if there is real estate--and timeshares are considered real estate.)
One big advantage of the "Set Aside w/o Administration" is that there is no executor or administrator and therefore no discrimination against an out of state administrator. The person signing the Petition to Set Aside Without Administration does not have to reside in Nevada.
A petition is filed and a court date is set. Notice is given to creditors or potential creditors and next of kin. If all of the paperwork is correct and no one objects at the hearing, the judge signs an order at the hearing and the proceeding is largely finished.
Costs of Probating a Timeshare
Our fee to do this, if no one contests the proposed distribution, is $2,100 which includes all Nevada government costs except the real estate transfer tax which usually does not apply. See Nevada Real Estate Transfer Tax. We hope this makes probating the timeshare affordable. However, if there are more than 5 people who must be given notice of the proceeding, then there will be a charge of $10 for each additional person beyond three. People who must be given notice are those people who would inherit in the absence of a will (even if there is a will) and those people mentioned in the will as beneficiaries.
There is an additional fee of $100 for each additional timeshare. Also, there will be an additional charge of $100 if a timeshare was owned by two people as joint tenants and title is held by two people at the time that the second of the two people die.
Our fees and the government fees are included in our flat rate of exactly $2,100, and not counting the possibility of Death Transfer Fees
In addition, the timeshare company usually charges its own fee--typically anywhere from $50 to $599 to transfer ownership.
Thus, the total cost for the transfer is usually around $2150 to $2750.
Most people will not be able to probate a timeshare without hiring an attorney. The lawyers in our firm are familiar with the probate court and can do these probates quickly.
By charging a flat rate for an uncontested timeshare probate we hope to be your discount, affordable, high quality, low cost probate lawyer. Many attorneys charge by the hour for any kind of probate work. We feel that we can be high quality and lost cost at the same time because we do a lot of timeshare probate.
What if No one Wants the Timeshare?
A common problem that arises is that Dad dies in Australia or Massachusetts and an estate is opened there and the estate attorney figures that something has to be done about the Nevada timeshare. After all, the timeshare generates an annual maintenance fee and the executor and estate lawyer in Australia or Massachusetts doesn't want this fee to come back and be a problem.
One of my clients received on May 13, 2022, a letter from Hilton Grand Vacations (a big timeshare company in Las Vegas) that stated in pertinent part: "If the estate does not wish to keep the account [the timeshare], the only option is to let the account proceed through foreclosure. No further action would be necessary. Thought the vacation ownership may be transferred to a beneficiary upon the owners passing, the beneficiary is not required to accept the ownership. Should the beneficiary decline the ownership, they will not be responsible for any obligations connected to the ownership. However, should the beneficiary accept ownership, they would subsequently be responsible they would subsequently be responsible for any fees associated with the ownership, such as Homeowner's Association fees."
I congratulate Hilton on setting this out in writing. This quoted letter does not cover the less common situation in which the purchase price of the timeshare has not been fully paid. Obviously, Hilton is only speaking for itself. Nevertheless, my advice is that if no one wants a fully paid for Nevada timeshare, just let it go into foreclosure (for non-payment of the annual fees). In giving this advice I am NOT GIVING 100% ASSURANCE that no timeshare company will never create problems if the heirs just let the fully paid timeshare go into foreclosure. Rather this advice is based on cost-benefit analysis.
Additional Charges That May Apply To Your Timeshare Probate
- More Than One Timeshare (add $100 per additional Timeshare)
About $20-$25 of this will be recording and government fees while the other $75-$80 will be a legal fee. This additional $100 does not include whatever fee the timeshare company charges as a transfer fee.
- Transfer Title To Children (add $100 for each additional timeshare)
In a lot of cases Mom and Dad own the timeshare. Dad dies first and no one bothers to change the title. After Mom dies there is a probate to transfer title to the children. In this case we first have to file Dad's death certificate with the County Recorder along with an Affidavit so that Mom owns it 100% and then the Probate Court can transfer from Mom to the children.
- Probate Proceeding Notices Required Exceeds 5 (add $10 per person over 3 people)
We are required to give notice of the probate proceeding to all person who are listed as beneficiaries if there is a will and to all persons who would inherit in the absence of a will, even if there is a will. If the number of people who must be given notice exceeds 3, we charge an extra $10 for each person over 3 who must be given notice.
- Typical Title Transfer Fee From Timeshare Company (often $50 to $599)
Typically, once we record a certified Probate Court Order with the County Recorder transferring title to person entitled under the will, we mail this document to our client who then contacts the timeshare company, pays the timeshare company's title transfer fee, and usually has no problems. If there is a problem we get re-involved.*
*there may be associated fees for our additional involvement with the Timeshare company.