How can I find out whether a timeshare is deeded or non-deeded? – North Carolina

Short Answer

In North Carolina, the quickest way to tell is to check the county Register of Deeds records where the timeshare is located. A deeded timeshare (a “timeshare estate”) is treated as an interest in real estate and is typically recorded like other real property instruments. A non-deeded timeshare (a “timeshare use”) is treated as personal property and should not be recorded in the Register of Deeds, so the proof is usually a contract or ownership certificate from the developer or owners’ association.

Understanding the Problem

In a North Carolina estate administration, the key question is whether the decedent’s timeshare interest is a deeded ownership interest (real property) or a non-deeded right-to-use interest (personal property). The estate representative’s team typically needs this classification to decide what records to search, what documents to gather, and how the interest should be handled during probate. The decision point is whether the interest can be confirmed through county land records (which points to deeded ownership) or whether it must be confirmed through the timeshare program’s internal ownership records (which points to a non-deeded use right).

Apply the Law

North Carolina’s Timeshare Act draws a bright line between a “timeshare estate” and a “timeshare use.” A timeshare estate is treated as real estate and is governed by North Carolina real property law, including recordation practices. A timeshare use is not real property, is governed like personal property, and North Carolina law says instruments concerning a timeshare use should not be recorded in the county Register of Deeds. For probate planning and administration, that distinction usually determines whether the team should focus on land title records versus program documents (contracts, ownership certificates, and account statements).

Key Requirements

Identify the type of interest: Determine whether the ownership is a “timeshare estate” (deeded) or a “timeshare use” (non-deeded right to use).
Check the right record system: A deeded timeshare is typically confirmed through Register of Deeds land records; a non-deeded timeshare is typically confirmed through the developer/management company or owners’ association records.
Match the classification to probate handling: Real-property treatment often triggers a title/record search and may affect whether the personal representative needs authority to take control or sell; personal-property treatment usually centers on collecting and transferring an account-based interest.

What the Statutes Say

N.C. Gen. Stat. § 93A-42 (Timeshare estates deemed real estate; timeshare uses) – Defines timeshare estates as real estate interests and timeshare uses as personal property; explains recordation rules (timeshare use instruments should not be recorded in the Register of Deeds).

Analysis

Apply the Rule to the Facts: The estate team’s task is to confirm whether the decedent owned a timeshare estate (deeded real property) or a timeshare use (non-deeded personal property). Under North Carolina law, a deeded timeshare should be discoverable through county land records because it is treated like real estate and is recordable. If no recorded instrument exists and the only proof is a membership-style contract or ownership certificate from the program, that points toward a non-deeded timeshare use that is treated as personal property.

Process & Timing

Who checks: The estate representative or the estate’s attorney/team. Where: The Register of Deeds office (or online land records) in the North Carolina county where the timeshare property is located. What: Search for a recorded timeshare instrument, deed, or other recorded conveyance into the decedent’s name; also pull the recorded timeshare declaration for the project if needed. When: Early in administration, before deciding whether the interest should be treated as real property or personal property on the inventory and before any transfer or sale steps.
If nothing is recorded: Request the decedent’s ownership file from the timeshare program’s management company or owners’ association (closing packet, ownership certificate, account statements, and the governing documents describing whether owners receive a deed or only a use right). Review the decedent’s records for maintenance fee bills, program statements, and any closing documents.
Confirm probate handling: If the interest is deeded, treat it like real property for title/record purposes and evaluate whether the personal representative needs to take possession, custody, and control through the Clerk of Superior Court as part of administration. If the interest is non-deeded, treat it like personal property and follow the program’s transfer requirements (often including specific forms and proof of authority from the estate).

Exceptions & Pitfalls

Searching the wrong county: A deeded timeshare is recorded where the underlying timeshare property is located, which may be a different county than where the decedent lived or where the estate is being administered.
Confusing “recorded declaration” with “deeded ownership”: Many projects have recorded declarations and plats, but that does not automatically prove the decedent received a deeded interest. The key is whether a recorded instrument conveys an interest to the decedent.
Assuming every timeshare is real estate: North Carolina treats timeshare estates as real estate, but timeshare uses are personal property and should not be recorded in the Register of Deeds. A missing deed may be a sign the interest is a timeshare use, not just a paperwork problem.
Transfer restrictions and fees: Even when probate authority exists, timeshare programs often require their own transfer package, approvals, and current maintenance fees before they will recognize a new owner.
Sale authority issues for real property: If the timeshare is deeded and a sale is needed, the personal representative may need specific authority depending on the will and the posture of the administration, and local Clerk practices can vary.

Conclusion

In North Carolina, a deeded timeshare (“timeshare estate”) is treated as an interest in real estate and is typically confirmed by a recorded instrument in the county Register of Deeds where the timeshare is located. A non-deeded timeshare (“timeshare use”) is personal property and is confirmed through the program’s ownership records rather than land records. The most practical next step is to run a Register of Deeds search for a recorded conveyance into the decedent’s name and, if none appears, request the ownership file from the timeshare program.

Talk to a Probate Attorney

If an estate includes a timeshare and it is unclear whether it is deeded real property or a non-deeded use right, our firm has experienced attorneys who can help sort out the records, classify the interest for probate, and map out the next steps and timelines. 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.