If you’ve recently lost a family member or close friend and are the executor of their will, dealing with their property can feel overwhelming. For many executors, property insurance is not the first thing that comes to mind – yet it can quickly become one of the most important practical issues once a home is left empty.
Probate property insurance, sometimes referred to as probate house insurance or unoccupied property probate insurance, is designed to protect an empty home while legal matters are resolved.
It exists because standard home insurance is typically not suitable for unoccupied probate properties. So even though the deceased person had home insurance in place, once there’s no one living in the property, the existing policy typically may no longer provide the level of cover required. It may even become void.
Many standard home insurance policies include unoccupancy conditions, which can restrict or exclude certain risks after a set period unless the insurer is informed and agrees revised terms. This is why specialist probate or unoccupied property insurance is typically required while probate is ongoing.
Why probate properties are high-risk for insurers
From an insurer’s point of view, risk is closely linked to how a property is lived in and looked after. When a home is empty during probate, many of the everyday safeguards that come with occupation are no longer present.
A property is classed as empty even if people visit it from time to time, provided no one is living there on a permanent or regular basis. Occasional visits to check the home, collect post or carry out basic maintenance do not usually count as occupation for insurance purposes.
Empty for long periods
In practice, probate often takes longer than families anticipate. Even straightforward estates can take many months to finalise, while more complex cases may extend well beyond a year.
During this time, properties are frequently left empty. Without daily activity, issues such as break-ins, vandalism or undetected water leaks may be more likely to occur.
Maintenance issues
Maintenance can also become fragmented during probate. Executors may live some distance away, and decisions about repairs can take time to agree.
Heating systems may be turned down, gutters left uncleared and small faults left unresolved, increasing the likelihood of damage over time.
When standard home insurance becomes invalid during probate
As we touched on above, one of the most common assumptions is that the deceased’s home insurance will continue unchanged until the property is sold. In reality, many property insurance policies include conditions around occupancy.
Once a property has been empty for a defined period, often 30 to 60 consecutive days (the period often varying among different insurance policies), cover for certain risks may be reduced unless the insurer has been informed and alternative terms agreed.
If the death and change in occupancy are not disclosed, claims made during probate may be delayed, questioned or even rejected.
Specialist empty property probate cover is designed to address this gap.
What probate property insurance typically covers
Probate property insurance reflects the practical realities of an empty home. While cover varies by insurer, it may typically include the following areas.
Buildings
Cover for the structure of the property, including walls, roofs and permanent fixtures, against insured risks such as fire, storm, flood or (sometimes) subsidence.
Contents
Cover for belongings left in the property during probate, with sums insured based on what remains in the home rather than its previous occupied use.
Liability
Property owners’ liability cover in case a third party suffers injury or property damage in connection with the home, for example a visitor or contractor.
Vandalism and theft
Specialist probate policies may provide cover for malicious damage or theft, which can be restricted under standard home insurance once a property is unoccupied.
Escape of water
Cover for damage caused by burst pipes or leaks, which can be a particular risk in an empty home. This type of cover is usually subject to certain conditions, such as checking the property at agreed intervals (and logging these visits) and taking sensible steps to manage water systems while the home is unoccupied.
Your insurance policy may require you to drain down the water systems, so make sure you understand what your obligations are under the cover – or speak to your insurance provider.
How long probate usually takes and why short-term cover matters
There is no definitive timeframe for how long the probate process takes. Delays are often caused by the need to value assets, settle outstanding debts or deal with administrative matters.
Short-term unoccupied property probate insurance allows cover to be put in place for an initial period and extended if required, helping to avoid accidental gaps in cover while probate is ongoing.
Security steps executors must take
Insurers generally expect executors to take reasonable steps to protect an empty property. This often includes regular visits, securing doors and windows, redirecting post and managing utilities safely.
Keeping a simple inspection record can also help demonstrate compliance with policy conditions and may also be a requirement of the insurance cover. Speak to your insurance provider if you are unsure what steps you need to take.
Tips to ensure the property is correctly covered
Prompt notification, accurate information and regular inspections potentially help ensure you have met your policy terms and conditions.
Executors may also find it helpful to speak with a specialist broker familiar with unoccupied property insurance, particularly where probate properties fall outside standard criteria (such as thatched or high net worth properties).
Where works are planned before sale, it may be worth considering how renovation insurance fits alongside probate cover.
It’s also useful to know that you typically may not need to stay with the same home insurance provider to get unoccupied property insurance – shopping around for cover may find you a more attractive deal in terms of price and policy features and benefits.
Checklist for insuring a probate home
While this is not exhaustive, the following checklist for insuring a probate property highlights some of the key things to remember …
- has the existing insurer been notified of the death?
- has unoccupied probate insurance been put in place?
- what are your obligations under the policy terms and conditions? E.g. how often do you need to inspect the property? Do you need to drain down water systems or keep the property at an ambient temperature, etc?
- how long has the property been unoccupied?
- are contents still present?
- are utilities being managed safely?
- how often will the property be inspected?
- are repairs or renovations planned?
- will the property remain empty over higher-risk periods such as winter or the Christmas holidays?
Probate property insurance
Managing an empty property during probate adds another layer of responsibility at an already difficult time. Understanding how unoccupied property insurance works in this situation can help reduce uncertainty and avoid unnecessary risk.
Specialist unoccupied property probate insurance offers a practical way to protect the property while probate is ongoing.
Further reading: Probate and unoccupied property: what executors need to know
From probate to renovation: When does a property really count as ‘unoccupied’?
