Have you been nominated as the executor of someone’s will? You may already have discovered the important duties that come with the role. If the estate includes property – the deceased’s home, for example – those responsibilities include taking reasonable steps to safeguard it while the estate is being administered.
During probate, the property may remain empty and unoccupied. Standard home insurance policies often impose additional conditions, restrict cover or cease to provide certain elements of cover after a specified period of unoccupancy. The exact period varies by insurer and policy, so it is important to check the existing policy and notify the insurer promptly. Specialist unoccupied or probate property insurance may be required.
Why probate properties present different risks
During the probate process, property in the estate may be left unoccupied pending its sale, transfer or distribution. An empty property can face risks that are less likely to arise, or may be detected less quickly, in a continuously occupied home.
Those additional risks are likely to fall into two broad categories:
Undetected damage
- although a property should be kept in a reasonable state of repair, maintenance issues can still arise;
- if the property is unoccupied during probate, problems such as leaks or storm damage may go unnoticed for longer, increasing the potential extent of the damage;
Theft and vandalism
- the National Residential Landlords Association (NRLA) has highlighted the increased risks associated with empty properties;
- an unoccupied property may be more vulnerable to theft, attempted break-ins and vandalism, particularly where signs of prolonged vacancy are visible.
Because both the risks and the terms of an existing home insurance policy may change when a property becomes unoccupied, executors should review the insurance arrangements as soon as possible.
Who is responsible for insuring a property during probate?
An executor is responsible for administering the deceased person’s estate, which includes their money, possessions and property. This includes taking reasonable steps to protect estate assets while the administration is ongoing.
Executors have fiduciary duties to the estate and its beneficiaries and must act in accordance with their legal responsibilities. In some circumstances, an executor who breaches those duties and causes loss to the estate may face personal liability. If you are unsure about your responsibilities, you should seek appropriate legal advice.
In many estates, the deceased’s home may be one of the most valuable assets. Executors should therefore take reasonable steps to safeguard the property throughout the administration of the estate, including checking that appropriate insurance remains in force.
To help keep insurance cover valid, the insurer should be told promptly about relevant changes, including the death of the policyholder and any change in the occupation or condition of the property. The insurer can then confirm whether the existing policy can continue, whether additional conditions apply, or whether alternative cover is needed.
What risks does an empty probate property face?
Executors need to consider the risks to estate property and the insurance protection that is appropriate for the circumstances. Where a probate property is empty, the risks and policy conditions may differ from those applying to a normally occupied home.
In that case, the principal risks faced by an empty probate property may include:
- theft – of fixtures and fittings or other contents of the empty property;
- vandalism – that may range from graffiti to serious instances of structural damage or even arson;
- storm damage – which may result in structural deterioration unless attended to promptly;
- escape of water – frozen or burst pipes can cause significant damage. In January 2026, the Association of British Insurers (ABI) reported that the average weather-related pipe damage claim in 2024 cost almost £33,000;
- liability claims – a claim may arise if someone is injured or their property is damaged in connection with the premises. The precise extent of any liability will depend on the circumstances and applicable law.
Loss or damage to the dwelling, together with potential liability exposures, are reasons to check that suitable insurance is in place. Cover varies between insurers and policies, and exclusions, limits, excesses and conditions may apply. Executors should read the policy documentation carefully and speak to their property insurer or broker if anything is unclear.
Policy conditions executors should know
When reviewing the policy terms, conditions and exclusions, particular requirements may apply to an unoccupied property during probate. These vary between insurers and policies, so the relevant policy wording should always be checked.
Bearing that in mind, and depending on the policy, some of the more common conditions and requirements may typically include:
- ensuring that the property remains securely locked at all times;
- maintaining an ambient temperature during the winter months – to help prevent water pipes freezing;
- shutting off the water supply at the mains stopcock and, where necessary, draining down the water systems entirely;
- carrying out prompt repairs as soon as the need arises;
- arranging regular, logged and documented inspections of the property; and
- complying with any other security, maintenance, inspection or notification conditions specified by the insurer. Failure to comply with policy conditions could affect a claim or the cover available.
What does probate property insurance typically cover?
The cover available under probate or unoccupied property insurance varies by insurer and policy. Depending on the product selected, cover may include some or all of the following:
Buildings insurance
- buildings cover is commonly a core element of unoccupied or probate property insurance;
- it may protect the structure of the property against specified insured events, subject to the policy terms, exclusions, limits and excesses;
Contents insurance
- where contents remain at the property, executors should consider whether they also need to be insured;
- the amount and type of contents cover available can vary significantly, particularly while a property is unoccupied;
Property owners’ liability insurance
- property owners’ liability cover may provide protection against certain legal liabilities arising from ownership of the premises, subject to the policy terms;
- the scope of liability cover, limits and exclusions varies by policy, so executors should check the wording rather than assume all claims will be covered;
Accidental damage insurance
- accidental damage may be included in some policies, offered as an optional extension in others, or unavailable in certain circumstances;
- where accidental damage cover is important, check whether it is included and what exclusions or restrictions apply;
Legal expenses insurance
- legal expenses cover may be available for certain insured legal disputes connected with the property;
- where offered, the scope, limits, qualifying conditions and exclusions should be checked before relying on this cover.
The appropriate policy and level of cover will depend on the property, its contents, how long it is expected to remain unoccupied and the executor’s requirements.
How can executors protect an empty property?
As with other forms of property insurance, policyholders are generally expected to take reasonable precautions to prevent or minimise loss or damage and to comply with the specific conditions of their policy.
The practical steps that may help protect an empty property depend on the dwelling and the insurer’s requirements. Common measures may include:
- following a routine maintenance schedule;
- keeping doors and windows securely locked and following any security requirements specified by the insurer;
- arranging inspections at the frequency required by the policy and keeping a record of visits where appropriate; and
- telling the insurer promptly about material changes in the property’s circumstances or occupation.
Your insurer may impose additional or different conditions. Always follow the requirements set out in the policy documentation and any instructions provided by the insurer.
Further reading: Probate property insurance: protecting an empty home after someone passes away.
Conclusion
During probate, a property may be left empty and unoccupied. Executors should take reasonable steps to safeguard estate property and check that appropriate insurance remains in place. Because the risks and insurance terms for an empty property can differ from those for a normally occupied home, specialist unoccupied or probate property insurance may be appropriate.
Insurance products, cover levels, exclusions and policy conditions vary. Executors should review any existing insurance as soon as possible, notify the insurer of relevant changes and consider professional advice if they are unsure what cover is required. Cover4LetProperty can help you explore the insurance options available for an unoccupied property during probate.
Please note: This article provides general information only and should not be regarded as legal advice or a personal recommendation. Insurance cover, exclusions, limits, excesses and conditions vary between insurers and policies. Always check the policy wording to ensure the cover is appropriate for your circumstances. If you are unsure about your legal responsibilities as an executor, you should seek appropriate legal advice.
