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Probate is the process by which you (as executor of a will) are granted the authority and legal right to deal with a deceased person’s estate. That is to say, you can receive and make payments in the name of that estate.
If the estate is especially small – say, less than £5,000 in value – probate is unlikely to be needed. However, if it is greater, probate may become a more involved process and could take a relatively long time to conclude.
One of the reasons for this, and the reason why many estates involve considerably greater value, is because of the deceased’s ownership of a property – the home they lived in, for example.
When someone dies, they leave behind an estate. This is all their possessions and belongings, whether these are relatively modest or include valuable items like investments, savings and the home in which they lived.
In the deceased person’s will, an executor (or up to four executors) is/are named as the person or people responsible for carrying out the wishes set out in the will. This typically includes the “administration of the estate”. The role carries important responsibilities and an executor has several duties to carry out.
Included in these responsibilities is the safeguarding of any property in the estate – most commonly the home in which the deceased once lived. The appropriate protection for such property, of course, is home insurance.
The cost of House Insurance during probate varies by property size, location, length of cover, and the specific risks you need to protect against. We provide flexible Probate property insurance options and competitive rates tailored to your circumstances-whether you need probate insurance for a vacant home, Executor house insurance while managing the estate, or house insurance during probate for short or extended periods. Get a free, no‑obligation quote online in minutes.
When a home is unoccupied during probate,it is subject to risks like fire, leaks, storm damage, vandalims, theft. So alongside arranging suitable Probate House Insurance, you can take some practical steps to protect you property and comply with policy conditions.
Specialist Probate House Insurance and Probate property insurance are designed for vacant homes, offering protections standard policies may limit once a property is unoccupied
Home insurance for executors is based on similar principles to the home insurance arranged by owner-occupiers and comprises three main components:
As an executor, you may suddenly find yourself responsible for managing the deceased’s home while it stands empty during the period of probate. When the property is empty, the standard insurance cover that normally protects it when it is occupied is likely to be restricted or may lapse altogether.
Insurance for executors of estates also needs to consider the likelihood of the home being left empty and unoccupied during the period of “administration” or probate.
If you are an executor looking for home insurance during probate, you may be pleased to know that the policies we arrange here at UKinsuranceNET take into full account the need for specialist unoccupied property insurance.
Unoccupied property insurance restores the necessary safeguards, helping the executor to fulfil his or her obligations for keeping the house in a safe and secure condition, pending the end of the period of probate.
The process of probate can take an indefinite period of time to complete. Therefore, this type of home insurance for executors, and the unoccupied property insurance which may need to be incorporated into it, can be tailored to meet any given timescale – including on a month-by-month basis. As such, you won’t necessarily need to pay for the full annual period of cover that is otherwise demanded of regular home insurance policies.
Many of our customers choose UKinsuranceNET simply because of our expertise and experience in this niche of the insurance market. We understand the worries and concerns of those with the responsibilities of executor – a role that many might be taking on for the first time. That means we can steer you through some of the insurance complications of probate, which means one less headache for you.
Whether a property goes through probate or not can depend on the type of ownership that it was under.
A property owned solely by one person will usually form part of their estate and therefore need to go through probate before it can be transferred or sold.
If a property is owned by more than one person, the property can either automatically transfer to a surviving co-owner, or it may still need to go through probate.
Many people aren’t sure what happens to the property they’re dealing with. The important thing to check is how it is owned, as there are two ways that a property can be jointly owned:
The key difference between these two is what happens to the deceased person’s share on death, and that’s what drives how probate and probate insurance work in each case.
If the property was owned as a joint tenancy, it will not need to go through probate, and instead will automatically transfer to full ownership to any surviving owners under the rights of survivorship. In this scenario, the surviving owner(s) would take on the full responsibility of the property, including insuring it in their name.
For properties owned by tenants in common, each owner has a distinct share of the property, which would form part of their estate in the event of their death. This means that the share of the property that they owned would need to go through probate. While the property is in probate, and until the legal owner is updated, the executor is responsible for the share of the property, meaning they would need to make sure it is sufficiently insured.
It’s important to ensure that you have the correct cover in place and the correct people named on the insurance when insuring a property going through probate.
No – just because a property goes into probate, it doesn’t mean that it has to be sold. Probate does not force you to sell the property, it is the beneficiaries’ choice as to what happens to it. You may instead choose to move in to the property, let it out, or, if it isn’t something you’re ready to deal with, leave it vacant for a period.
It’s important to ensure that you correctly insure the property for whatever circumstance you choose, as different types of home insurance may not cover different scenarios.
Whoever is legally responsible for the estate of the deceased is also responsible for insuring the property as it goes through probate. This is usually the executor named in the will, or the administrator if there is no will.
Even if no one is living in the property, there will still be additional ongoing costs on top of keeping the property insured.
If the property has a mortgage, this will still need to be paid during probate, along with bills such as utilities (even if these aren’t being used, there will still usually be a standing charge.)
It depends on the insurer direct. Usually it`s not covered. Standard home insurance policies often restrict cover once a property is unoccupied or the policy holder has passed away. You should notify the insurer immediately; some may give short term limited cover, but dedicated Probate House Insurance or House insurance during probate is typically required. Executors should consider Executor house insurance or comprehensive Probate property insurance-often referred to as Probate insurance-for full buildings, contents (if needed), and liability protection during the probate period.
Simple cases can finish quickly, while some more complex ones may take a longer time. Grant of probate commonly 8-12 weeks, but delays can happen. Note: If the home is empty during probate, standard home cover may be limited-specialist house insurance during probate is often required.
The length of time that you can leave a home empty and still be insured depends on the insurer. Typically limits apply some insurers allow 30 days of unoccupancy some do a little bit more, it`s always best to call them directly and discuss the situation to make sure you are covered and what level of cover you can get.
Tip: Tell your insurer as soon as the property becomes unoccupied or enters probate. If beyond 30-60 days, arrange dedicated cover (Probate property insurance / Executor house insurance) to maintain full protection.
If you’re selling a property on behalf of an owner who’s died, you do not need to pay Council Tax until after you get probate as long as the property remains empty. After probate is granted, you may be able to get a Council Tax exemption for another 6 months if the property is both unoccupied and still owned and in the name of the person who died.
Yes, you can insure the property at this stage as the executor of the estate. This is common practice as the executor has a legal obligation to protect the property.
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