I have been doing legal work for Rockaway Beach Resort for the past several years. One issue that continually comes up is that people do not realize that their timeshare unit ownership time is a deeded real property interest, just like a home. The confusion seems to arise most frequently when the owner dies, or wants to give the timeshare interest to their children.
Since the timeshare is a deeded interest, it must have its ownership transferred just like the sale of a home – with a deed. If a person dies, then their real estate interest must be either probated or transferred via a Small Estates Affidavit to change the deeded title from the deceased person to their heirs. The timeshare cannot be transferred by someone paying the dues on the timeshare. If the timeshare has been transferred into a Trust before the death, then the deeded transfer has already been made, so no probate or other proceeding would be needed.
Further, real property must be probated or transferred by Small Estates Act Affidavit procedures in the state where the real property is located. If an owner lives out of state and probates their Estate in their home state, they will still need to file a Small Estates Act Affidavit in Oregon to transfer their deeded timeshare interest in Rockaway Beach Resort to their heirs.
The Resort has an arrangement with Ticor Title in Tillamook, Oregon for special rates for transfers of deeded timeshare interests in the Resort’s units. If you wish to transfer your ownership interest to your children, spouse or a buyer, they may be able to help you with that transfer (503-842-5533). Once the deed has been recorded, then, upon payment of the assessments for that deeded unit, the new owner can then use the timeshare unit.

Lois A. Albright, Attorney, Albright & Kittell, P.C.