Dec262025
Probate Q&A Series

If the timeshare is deeded, how do I locate the recorded deed and confirm the current owner of record? – North Carolina

Short Answer

In North Carolina, a deeded timeshare (a “timeshare estate”) is treated as an interest in real estate and is confirmed the same way other real property ownership is confirmed: by locating the recorded instrument in the county Register of Deeds where the timeshare property is located and then following the “chain of title” forward to the most recent recorded transfer. If the interest is instead a “timeshare use,” it is not real property and generally will not be recorded in the Register of Deeds. When a death is involved, confirming the owner of record also includes checking whether any later estate-related filing or conveyance was recorded.

Understanding the Problem

In North Carolina probate, a common question is: if a deceased person owned a timeshare, can the recorded deed be located and can the current owner of record be confirmed. The decision point usually is whether the timeshare interest is deeded as a real-property interest or held as a non-deeded use right. That classification determines whether the Register of Deeds records can be used to confirm ownership and whether the interest is likely handled as real property or personal property for probate purposes.

Apply the Law

North Carolina law distinguishes between a deeded “timeshare estate” and a non-deeded “timeshare use.” A timeshare estate is a real-estate interest governed by North Carolina real property law, and the instrument that transfers it can be recorded and searched in the Register of Deeds for the county where the timeshare is located. A timeshare use is treated as personal property and is not recorded in the Register of Deeds. For deeded timeshares, ownership is confirmed by identifying the most recent recorded instrument in the chain of title (deed or other conveyance document) showing the current grantee as owner of record.

Key Requirements

  • Identify the type of timeshare interest: Determine whether the interest is a “timeshare estate” (deeded real property) or a “timeshare use” (non-deeded use right treated like personal property).
  • Search the correct county’s land records: A deeded timeshare is typically recorded in the Register of Deeds for the county where the resort property is located, not the county where the owner lived or where the estate file is pending.
  • Confirm the current owner by the last recorded transfer: Ownership “of record” generally means the person or entity named as the last grantee in the recorded chain of title, subject to any later recorded liens or transfers.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The estate team needs to confirm whether the decedent’s timeshare is deeded and whether it should be handled as real property or personal property in probate. Under North Carolina law, if the timeshare interest is a timeshare estate, it is a real-estate interest and the transfer instrument should be discoverable in the county Register of Deeds where the timeshare property sits; the owner of record is confirmed by finding the last recorded conveyance naming the current grantee. If the interest is a timeshare use, the Register of Deeds will typically not have a recorded instrument, so ownership is confirmed through the closing paperwork, owner statements, and program records instead of land records.

Process & Timing

  1. Who searches: The estate representative or counsel. Where: The Register of Deeds in the North Carolina county where the timeshare resort/property is located (or that county’s online land records portal). What: Search recorded instruments under the decedent’s name in the grantor/grantee index; pull the most recent deed or “timeshare instrument” that conveyed the interest to the decedent. When: As early as possible in the administration, before treating the interest as real or personal property in probate filings and before attempting any sale or transfer.
  2. Follow the chain forward: Starting with the instrument that shows the decedent as grantee, check for later instruments where the decedent appears as grantor (for example, a later deed out, a deed of trust, a foreclosure-related deed, or a recorded transfer to a trust/entity). If a later recorded instrument exists, the last grantee shown may be the current owner of record.
  3. Cross-check with probate and billing records: Separately review estate intake documents, mail, and bank records for annual maintenance fee invoices, statements, or correspondence that identifies the resort, unit/week, and parcel reference. This helps confirm the correct county to search and reduces the risk of pulling the wrong recorded document for a similar name.

Exceptions & Pitfalls

  • Timeshare use vs. timeshare estate confusion: Some owners call any timeshare “deeded,” but North Carolina law treats “timeshare use” as personal property and not recordable in the Register of Deeds, even if the owner has paperwork that looks like a conveyance document.
  • Wrong county search: A deeded timeshare is usually recorded where the timeshare real property is located, not where the decedent lived and not where the estate is being administered.
  • Name variations: Searches can miss a deed if the decedent used a middle initial, nickname, prior married name, or a trust/entity name on the recorded instrument. Running several name variations and checking the legal description or timeshare identifiers reduces this risk.
  • Ownership “of record” may differ from who is paying: Maintenance fee bills may be sent to someone who is not the owner of record, especially after unrecorded family transfers, divorce, or internal program changes. For deeded interests, the Register of Deeds record controls “of record” ownership.
  • Out-of-state resorts: If the timeshare property is not in North Carolina, North Carolina land records will not show the deed. The correct recording office is in the state and county where the resort sits.

Conclusion

In North Carolina, a deeded timeshare (a timeshare estate) is a real-estate interest, so the recorded deed or other timeshare transfer instrument is typically found by searching the Register of Deeds records in the county where the timeshare property is located and then identifying the last recorded transfer in the chain of title to confirm the current owner of record. If the interest is a timeshare use, it is personal property and generally will not appear in Register of Deeds records. Next step: request and review the most recent recorded “timeshare instrument” from the correct Register of Deeds as early as possible in the estate administration.

Talk to a Probate Attorney

If a North Carolina estate administration involves a timeshare and the records do not clearly show whether the interest is deeded or who owns it of record, a probate attorney can help identify the correct county records to search and align the probate steps with the asset’s classification. Call us today at (919) 341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.

Category: Probate Q&A Series

Author: jpierce

Attorney Jared Pierce is the founder of Pierce Law Group in Raleigh, North Carolina, a firm he established with a dedicated focus on probate administration and estate planning across North Carolina. Born and raised in the Republic of South Africa, Jared moved to Durham with his family in 2001, bringing with him a rich cultural background and a distinctive accent that often serves as a conversation starter.