What Happens to a Florida Timeshare in an Ohio Estate Plan?

If you’re an Ohioan who vacations in Florida, you’ve probably noticed that you’re never far from another Buckeye. Throw on an Ohio State shirt while you’re walking the beach, and there’s a good chance you’ll hear at least a few enthusiastic “O-H!” calls from across the boardwalk.

It’s no surprise, then, that we regularly work with Ohio families who own vacation property in the Sunshine State, including deeded Florida timeshares. While they make for wonderful family getaways, they can also create unexpected complications when it comes to estate planning.

If you live in Ohio but own a deeded timeshare in Florida, your estate plan may need more than just a standard Ohio will. Many people don’t realize that owning real estate in another state can create additional legal steps for their loved ones after they pass away.

In this article, we’ll explain what happens to a Florida timeshare when an Ohio resident dies, the potential pitfalls to avoid, and how proper estate planning can help your family save time, money, and unnecessary stress.

Why a Florida Timeshare Is Different in Estate Planning

A deeded timeshare is considered real estate, not just a vacation contract. That distinction matters.

Real estate is governed by the laws of the state where it’s located, not where you live.

So even if you’re an Ohio resident:

• Ohio law controls your estate overall

• Florida law controls your timeshare

The Big Issue: Ancillary Probate in Florida

If you pass away owning the timeshare in your individual name, your estate will likely go through:

1. Probate in Ohio

This handles your primary estate.

2. Ancillary Probate in Florida

This is a second probate case just to transfer the timeshare.

Why this matters:

• Extra legal fees in another state

• Delays in transferring or selling the property

• Additional administrative burden on your executor and family

This is one of the most common (and avoidable) estate planning mistakes for people who own out-of-state property.

Do You Need to Do Anything Special in Ohio?

Yes—but not because of Ohio law alone.

When creating an estate plan in Ohio, you need to account for the Florida property separately. A basic will is usually not enough if your goal is to keep things simple for your heirs.

Best Estate Planning Strategies for Florida Timeshares

1. Use a Revocable Living Trust

A revocable living trust is the most common solution.

How it works:

• You transfer the timeshare into the trust during your lifetime

• When you pass away, the property transfers to your beneficiaries without probate

✅ Avoids probate in both Ohio and Florida
✅ Keeps things faster and more private
✅ Reduces administrative burden on your family

2. Use a Florida “Lady Bird Deed” (Enhanced Life Estate Deed)

Florida allows a special type of deed that:

• Lets you keep full control during your lifetime

• Automatically transfers the property at death

Benefits:

• Avoids Florida probate

• Simple and cost-effective in many cases

Important: This must comply with Florida law, not Ohio law.

3. Joint Ownership with Rights of Survivorship

You can add another owner so the property passes automatically at death.

However, this option comes with risks:

• Loss of control

• Potential creditor exposure

• Possible tax consequences

This approach should be used cautiously.

4. Relying Only on a Will (Least Efficient)

You can include the timeshare in your Ohio will.

But:

• It does NOT avoid Florida probate

• Your family will still need ancillary probate in Florida

Special Considerations for Timeshares

Timeshares can be more complicated than traditional real estate:

• Annual maintenance fees don’t go away

• Heirs may not want the property

• Some resorts have restrictions on transfers

A good estate plan should also consider whether:

• The timeshare should be passed on

• Or disposed of during your lifetime

Practical Steps to Take Now

If you’re an Ohio resident with a Florida timeshare, your estate plan should:

• ✅ Identify the timeshare as out-of-state real estate

• ✅ Decide whether to avoid ancillary probate

• ✅ Coordinate with a Florida-compatible strategy

• ✅ Ensure the title is updated (not just mentioned in a will)

Final Thoughts

Just because your Florida timeshare is where you go to relax doesn’t mean it gets a vacation from estate planning.

For many Ohio families, that little slice of paradise comes with an unexpected catch: because it’s real estate located in another state, it can create additional legal hurdles for your loved ones if you don’t plan ahead.

The good news is that with the right strategy, you can often avoid unnecessary probate, reduce costs, and make things much easier for your family.

If you’re an Ohio resident who owns a deeded Florida timeshare, we’d be happy to help you determine the best way to incorporate it into your estate plan. After all, the only thing your family should be worrying about when they think of your Florida getaway is whether they’ll hear an “O-H!” while they’re walking the beach, not whether they’ll have to open a second probate case.