What can I do if the timeshare management company refuses to update the deed post-probate? – North Carolina

Short Answer

In North Carolina, a timeshare estate is treated as an interest in real estate, so the cleanest path is usually to make sure the heir’s ownership is properly documented in the county public records and then give the management company certified proof of that recorded transfer. If the management company still will not update its internal ownership records, the next steps often include a formal written demand with supporting probate documents, escalation to the owners’ association or developer (if different), and—when necessary—court action to confirm title or compel recognition of the transfer.

Understanding the Problem

In North Carolina, an heir can ask: after an estate is closed, can a timeshare management company refuse to change the ownership records and keep the timeshare titled in the decedent’s name? The practical problem is that the management company’s portal and “member services” systems may not match what probate accomplished, especially when the company requires a login tied to the decedent. The decision point is whether the heir has the right paperwork showing the transfer of the timeshare interest and, if so, what steps can force the company to update its records.

Apply the Law

North Carolina generally treats a “timeshare estate” as real property, which means ownership changes are handled like other real estate transfers: the key is a recordable instrument and clear proof of the heir’s right to title. Probate can establish who is entitled to the property, but the management company’s internal records do not control legal title. When a company refuses to update its records, the legal focus usually shifts to (1) whether title has been properly passed and recorded, and (2) what remedy is available to confirm title and require the company (or the owners’ association) to recognize the lawful owner for billing, voting, reservations, and notices.

Key Requirements

Confirm the type of interest: A North Carolina “timeshare estate” is treated as real estate; a “timeshare use” is not. The paperwork and recording options can differ depending on which one the decedent owned.
Have a recordable ownership document: The heir typically needs a document that clearly transfers or vests title (for example, a deed from the personal representative, a recorded instrument tied to the probate file, or other recordable proof recognized for real property transfers).
Record in the right place (when recordable): For a timeshare estate, recording in the county Register of Deeds where the timeshare is located is often the step that creates a clean public record chain of title that third parties can rely on.

What the Statutes Say

N.C. Gen. Stat. § 93A-42 (Timeshare estates deemed real estate) – Treats a timeshare estate as an interest in real estate and allows recordation of the timeshare instrument like other real property instruments.
N.C. Gen. Stat. § 31-39 (Probate and passing title; timing protections) – Explains how a probated will passes title and sets timing rules that can affect enforceability against certain third parties if probate steps are delayed.

Analysis

Apply the Rule to the Facts: The facts describe an heir trying to move a decedent’s timeshare interest into the heir’s name after the estate administration is complete, but the management company will not respond and the portal requires the decedent’s login. Under North Carolina law, if the interest is a timeshare estate, it is treated as real estate, so the critical question is whether the heir has a recordable instrument (or already-recorded proof) showing the heir now holds title. If the heir can document and record the transfer properly, the management company’s refusal to update its internal records becomes an administrative problem first—and, if it continues, a dispute that can be addressed through formal demand and potentially court relief to confirm title and require recognition.

Process & Timing

Who files: The heir (sometimes with help from the personal representative if a deed still needs to be signed). Where: The Register of Deeds in the North Carolina county where the timeshare estate is located, and the Clerk of Superior Court for any needed certified probate records. What: A recordable instrument showing the transfer (often a deed or other recordable transfer document) plus certified probate documents (for example, certified copies of the will and probate certificate when applicable). When: As soon as possible after the estate closes, especially if the management company is blocking access to billing and reservations.
Send a formal demand package: After recording (or once a recordable transfer document is ready), send a written demand to the management company’s legal/owner records address (not just a portal message). Include (a) a copy of the recorded instrument with book/page or instrument number, (b) certified probate documents supporting the transfer, and (c) a clear request to update ownership, billing, voting, and portal access by a specific reasonable deadline.
Escalate if ignored: If the management company still refuses, escalate to the timeshare owners’ association (if separate), the developer (if still involved), and any listed registered agent for service of process. If the refusal continues, consider a court filing to confirm title and obtain an order that can be served on the company to force recognition of the lawful owner.

Exceptions & Pitfalls

Timeshare estate vs. timeshare use: A timeshare “use” is not real property in North Carolina and generally is not handled through the Register of Deeds the same way; treating it like a deeded interest can lead to rejection or wasted time.
Incomplete chain of title: An estate closing does not always mean a recordable transfer document was recorded. If title never moved out of the decedent’s name in the public records, the management company may claim it cannot change its system without a recorded instrument.
Wrong office or wrong county: For real property interests, recording must match where the property is located. Recording in the wrong county (or only keeping probate papers without recording a transfer instrument when needed) can keep the title problem alive.
Portal-only communications: Repeated emails to a general inbox and portal messages often do not create a clear record that the correct department received legally meaningful proof. A certified-mail demand to the correct legal notice address (and/or registered agent) often works better.
Ongoing fees and voting rights: Even when legal title has passed, unpaid assessments and missing owner recognition can snowball into collection activity or loss of practical benefits. Addressing billing and owner recognition promptly helps limit complications.

Conclusion

In North Carolina, a timeshare estate is treated like real estate, so the most effective way to overcome a management company’s refusal is to make sure the heir’s ownership is supported by a proper, recordable transfer document and recorded in the county where the timeshare is located, then provide the company certified proof and a written demand to update its records. If the company still refuses, the next step is often seeking a court order confirming title and requiring recognition. If a will is involved, act within the statutory probate timing rules.

Talk to a Real Estate Attorney

If a timeshare management company will not update ownership after probate and the portal blocks access, a real estate attorney can help confirm what must be recorded, assemble the right certified documents, and escalate with a formal demand or court filing if needed. 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.