Can You Insure a Property That’s Still Lived In During Probate?

Important: If the property is empty, visit our Probate House Insurance page to get a quote or learn more about the cover.

Introduction: When a Probate Home Isn’t Empty

When someone passes away, their home becomes part of their estate — and must stay insured throughout probate.

While most probate properties are empty (and need Probate House Insurance), sometimes the home remains occupied — perhaps by a beneficiary, tenant, or family member.

This article explains how to handle that situation safely, avoid invalid cover, and protect yourself as executor.

Why Occupied Probate Homes Are Tricky to Insure

Insuring a property that’s still lived in during probate can be complicated.

Executors face two main challenges:

• They are Legal responsibile for the estate’s assets
• Occupancy of the property by people who don’t own it – many standard policies don’t fit these situations

Occupancy can happen because:

• Future beneficiaries moving in for financial reasons.
• Financially dependent individuals already occupy the property.
• Existing tenants living in the property.

Legal Issues

Under the Administration of Estates Act 1925, legal ownership of the property passes temporarily to the personal representatives,  not the future beneficiaries.

That means:

• Executors (or administrators) hold the insurable interest
• Occupants, even beneficiaries, usually can’t legally insure the property themselves

If the wrong person arranges insurance, the insurer could deny a claim.

What does Insurable Interest Mean?

Insurable interest means only those with a financial stake in a property can insure it.

For probate properties, executors, administrators, or personal representatives hold the insurable interest, even though they do not legally own the property. Future beneficiaries cannot arrange insurance because they do not have ownership rights until probate is granted and they have officially inherited the property.

This issue means that most standard Home or Landlord’s Insurance policies are unsuitable.

Why Standard Home Insurance isn’t Suitable

A standard home insurance policy is usually unsuitable for occupied probate properties, and insurers will usually decline to offer cover because:

The occupants cannot arrange cover due to a lack of insurable interest.

Insurers may view occupants as a higher risk since they don’t own the property, potentially leading to less diligent property care.

The legal owners (executors/administrators) do not reside at the property, making the risk profile different from a typical homeowner’s policy.

Why Standard Landlord Insurance May Not Work

Standard landlord insurance is almost certainly not suitable unless a formal tenancy agreement exists.

This is a crucial point, as many executors assume this type of policy will work when it usually won’t. 

Most landlord policies require a formal tenancy agreement as a condition of coverage.

This makes this policy unsuitable even if people live on the property with the executor’s permission.

When Landlord Insurance Might Be Suitable

If the property was rented out before the owner’s death with a formal tenancy agreement in place, and the tenancy is continuing, the existing landlord insurance might be transferable.

However, this must be discussed with the insurer immediately, and the policy must be updated to reflect the estate as the owner (see below). 

Do not assume the existing policy will automatically cover the property during probate. Contact your insurer or broker for expert advice before making any assumptions.

When updating the insurance policy (or arranging a new one) the insured name on the policy should be updated to:

• Where there is a Will: The Executors of the Estate of [Deceased’s Name]
• No Will: The Administrators of the Estate of [Deceased’s Name]

If you need advice on arranging landlord insurance, the team at SJL Insurance can help.

The Right Insurance for an Occupied Property Requires a Specialist

Most online insurance policies are usually for standard home or unoccupied home insurance. Insurers do not offer standard online solutions because an occupied property has a unique risk profile.

To avoid insuring the property incorrectly, you should speak with a probate insurance specialist like Insuristic rather than a general home insurance provider.

Getting the insurance right

If you are struggling to find the right insurance, you’re not alone. Many executors and administrators hit roadblocks due to the lack of readily available policies.

We have developed a specialist solution with SJL Insurance that:

• Can be arranged in the name of the estate.
• Is suitable for occupants without insurable interest.
• Covers buildings only or includes contents insurance.
• Insures both estate-owned and occupant-owned contents.
• Is backed by an A-rated insurer with a dedicated claims team.

Protect yourself from personal liability, and get the right insurance policy today.

You can get a quote by clicking the link below.

[Get a Quote]

Protecting Yourself as Executor

As executor, you’re legally responsible for safeguarding the estate’s value — including its property.
If you fail to arrange suitable insurance and the property suffers damage, you could be personally liable for the loss.

For more on your responsibilities, read:

• Executor Insurance Guide
• Probate Checklist

Summary: Picking the best option

If the home is:

• Empty → Get Probate House Insurance.
• Still Lived In → [Get a Quote for Property Occupied During Probate]
• Either way, you’ll protect the estate and yourself — and keep probate on track.