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JayJay, My grandfather once told me that when one wallows around with a pig one will come out of the sty smelling like a pig. Actually that is not what he said but I had to sanitize the comment for a public forum. My new year's resolution was to not engage in an exchange of comments with you for the reasons stated above but nevertheless I will respond to your latest comments. The original question dealt with a joint tenancy and a living trust. Most attorneys - even those on Tug - know that a joint tenancy typically with a right of survivorship is used by spouses to by-pass probate (avoid probate), that is, keep the asset out of the estate. Also these same attorneys know that a living trust (inter vivos trust) is also used to by-pass probate or keep an asset out of the estate. It doesn't matter when an estate is closed or even opened if there are no assets in the estate. But, you didn't know that and still offered bad legal advice that if offered by an attorney would constitute mal-practice As for your rediculous comment that an estate "cannot be completely closed until the points are sold or the heirs take ownership" is equally wrong. The probate laws vary between the fifty states and one should not offer advice with the intent that it is applicable to all fifty states as I learned from Ken when he pointed out that an attorney is required to close a timeshare sale in South Carolina. Still, the probate law is pretty uniform in all states that the title to real estate passes at the date of death although most if not all states in conformance with Federal Estate Tax law allow one to disclaim the bequest within nine months. Disclaim means to not accept the asset. My wills provide for a testamentary disclaimer trust to capture these assets but that is a lesson for another day. The executor or administrator does not even have to transfer the timeshare title to the heir since it is real estate but most do just for chain of title purposes. If the timeshare title is not transferred on the resort books or on the deed records it remains in the name of the decedent. The title does not just magically appear as you (Jayjay) suggest in the name of the estate and/or the heir on the deed records and resort records. Some legal steps must be taken to accomplish that. If the executor or administrator and/or heir take no steps to change the title then the resort must institute legal action to force the estate and/or the heir - assuming the resort knows who that is - to change the title. That costs money and as a practical matter most resorts will simply foreclose. Many states including my own allow for an independent administration of the estate and that means in the absence of malfeasance what he/she does stands. The executor is obligated to pay the bills that are due at the date of death and distribute the assets and at that point he/she can close the estate. The real estate (timeshare) passes at the date of death and no action is required by the executor unless done for chain of title purposes. I have advised many executors in my home state and have never been sued for malpractice. Jayjay, you are a work in progress and my work with you is not over. It was a major accomplishment when you finally admitted that a timeshare buyer does not sign an agreement "on the dotted line" to pay maintenance fees. But, I still have work to do and I am up to the task. Best wishes for the New Year!