Personal Representative refers to the person legally responsible for administering the estate of someone who has died. This includes both:
Executors, named in a Will; and
Administrators, appointed by the court when there is no Will.
Throughout this page, the term “personal representative” applies to both roles.
Probate Insurance refers to a group of specialist policies designed to protect executors and beneficiaries from risks during estate administration. This can include:
Probate Property Insurance – for unoccupied or occupied homes in probate.
Early Distribution Insurance – protection if beneficiaries are paid before the six-month claims period ends.
Section 27 Insurance – protection against unknown creditors.
Missing Will Insurance - protection against the risk of a newer will being found after the estate is distributed
Missing Beneficiary Insurance – cover if a known beneficiary cannot be located before the estate is distributed, or if an unknown beneficiary makes a claim after distribution.
Occupied probate house insurance is specialist cover for properties still lived in during probate, typically by family, beneficiaries, or tenants. These situations don’t qualify for standard home or landlord insurance. If occupants live there without executor permission and are subject to eviction, the property is uninsurable due to high risks of damage or neglect. Insuristic provides this cover offline.
To learn more visit our our page: Can You Insure a Property That’s Still Lived In During Probate?
The executor or administrator is responsible for insuring the house during probate. They have a duty of care to ensure the property is protected. To limit personal liability, they should avoid basic policies and choose broad cover designed for probate scenarios. The policy must be in the name of the estate to ensure any claims are valid and correctly paid.
Executors must arrange probate-specific property insurance in the name of the estate, especially when the house is unoccupied. Standard home insurance is often invalid once the owner dies, and unoccupied properties carry higher risks such as escape of water, theft, and vandalism. Broad, specialist cover protects against these risks and shields executors from personal liability.
Visit: Probate House Insurance Page
Also read: How to Insure an Empty House After the Death of the Owner
Unoccupied property insurance for probate is a specialist policy that protects a deceased person’s home once it becomes empty. Standard home insurance is often invalid after death, and unoccupied properties face greater risks such as burst pipes, theft, and vandalism. This type of cover ensures the estate’s assets are protected and shields executors from personal liability.
Learn more: Probate House Insurance
During probate, house insurance should be in the name of the estate, not the executor or beneficiaries. The correct format is usually “The Executors of [Deceased’s Name]” (or “Administrators of” if no Will exists). This ensures any claims are valid and the payout goes to the estate.
More detail: How to Insure an Empty House After Death
Yes, a house can be occupied during probate as long as the occupants are living there with the permission of the personal representatives. However, it presents insurance challenges. Standard home or landlord insurance won’t apply without a tenancy agreement, and the insurable interest remains with the estate. Executors must arrange specialist occupied probate insurance in the name of the estate to ensure valid cover and avoid personal liability.
To learn more visit our our page: Can You Insure a Property That’s Still Lived In During Probate?
Personal Representatives should arrange specialist insurance in the name of the estate as soon as possible. Standard home insurance is often invalid after death, especially for unoccupied properties. Insuristic’s probate house insurance is designed to be broader than most providers and helps protect the personal representatives from personal liability.
Start here: Probate House Insurance
Or read: How to Insure an Empty House After Death
When someone dies, it becomes the responsibility of the executor or administrator (the personal representative) to ensure the house is insured. Standard home insurance may no longer be valid, particularly if the property is unoccupied. Standard unoccupied home insurance may not provide enough cover. To maintain valid protection and safeguard the estate, probate-specific insurance should be arranged in the name of the estate.
Find cover: Probate House Insurance
Not always. Many home insurance policies become invalid once the policyholder dies, especially if the property becomes unoccupied or the policy isn’t updated. Executors must notify the insurer immediately and arrange specialist probate insurance. Even if the insurer agrees to continue cover, it may be restricted and not broad enough to protect the executor’s liability.
A: Yes. Early Distribution Insurance protects the personal representatives and beneficiaries if someone later claims under the Inheritance (Provision for Family and Dependents) Act 1975. It allows the estate to be distributed before the 6-month waiting period ends. The cover lasts forever, and the cost is modest compared to the potential liability it protects against.
During probate, legal ownership of a property temporarily passes to the executor (if there is a will) or administrator (if not), held “on trust” for beneficiaries.
This means they must protect and maintain the home, including arranging specialist Probate House Insurance if it is empty, or Occupied Probate Property Insurance if it is not.
Executors are also legally responsible for insuring the property adequately, and are liable for any claims shortfalls following underinsurance and gaps in cover. They can learn more about these responsibilities in our Executor Home Insurance guide.
Key points to understand:
If the property is in probate:
The executor or administrator controls the property until it can be sold or legally transferred to the rightful heir(s).
Beneficiaries do not have legal title during probate, even if they will inherit the property.
Any sale, transfer, or major decision involving the property must follow the probate process and legal duties to the estate.
Common risks for empty property during probate:
If the property is empty during probate, it’s important to have specialist cover such as Probate House Insurance to protect the home and the executor’s legal responsibilities.
Summary:
During probate, the property is legally held by the executor or administrator, who must manage it on behalf of the beneficiaries until probate is completed. Certain forms of joint ownership can mean the property passes outside probate.
We cover this in more detail in our post, Who owns a property during probate.
Further Reading:
Yes, they are the same type of cover. Both terms describe specialist insurance for an unoccupied property during probate. Some insurers say “house,” others say “home,” but the cover is identical. At Insuristic, we call it Probate House Insurance, but if you’ve searched for probate home insurance, you’ve come to the right place.
Get a quote for Probate Home Insurance
Or learn more in our Quick Guide to Probate Home Insurance
A: Yes. Early Distribution Insurance protects the personal representatives and beneficiaries if someone later claims under the Inheritance (Provision for Family and Dependents) Act 1975. It allows the estate to be distributed before the 6-month waiting period ends. The cover lasts forever, and the cost is modest compared to the potential liability it protects against.
The average cost of Missing Will Insurance with Insuristic is £393, including Insurance Premium Tax. Pricing varies depending on the estate’s value and complexity. The policy protects executors and beneficiaries from financial claims if a previously unknown Will surfaces after distribution.
A Section 27 insurance policy protects personal representatives from claims by unknown creditors after estate distribution. It’s a lower-cost, safer alternative to placing a Section 27 notice in The Gazette. The policy offers broader protection, speeds up estate distribution, and covers both executors and beneficiaries.
Executors can be held personally liable for mistakes such as distributing the estate too early, failing to insure property, or overlooking debts or beneficiaries. While private individuals cannot insure against administrative errors (which is why appointing a solicitor can be sensible), they can protect against third-party claims using specialist insurance. This includes Early Distribution, Section 27, Missing Will, and Missing Beneficiary Insurance.
Learn more about Legal Indemnity Insurance on our Estate Protect Direct page.
Worried about property liability? Visit our Executor Home Insurance page.
Yes. Executors are legally responsible for protecting estate assets, including any property. If the property is not properly insured and a loss occurs, executors may be personally liable to make good the damage. Specialist probate house insurance should be arranged in the name of the estate as soon as possible to ensure full protection.
Learn more about our cover: Probate House Insurance
Understand your liability as an executor: Executor Home Insurance
Yes. Executor insurance protects personal representatives from third-party claims such as unknown creditors, dependents, missing wills, or beneficiaries. It provides peace of mind and can be claimed as an estate expense.
Not necessarily. While executor home insurance may cost more than standard home cover, it offers broad protection tailored to the risks of probate. It helps safeguard the executor’s personal liability if a claim arises. At Insuristic, the average cost is £265 for six months on our Silver level cover.
Yes. Executors have a legal duty to protect estate assets, including property. Failing to insure the home could expose them to personal liability if there’s a loss. The right approach is to arrange specialist probate insurance in the name of the estate.
Find cover: Probate House Insurance
Executor-specific property insurance risks explained
Executors can be personally liable if they fail to protect estate assets, underinsure property, or overlook third-party risks such as unknown creditors, dependents, missing beneficiaries, or missing wills. Executor insurance helps reduce these risks, but private individuals cannot insure against administrative errors, so appointing a solicitor may be advisable in complex cases.
A: Executors can protect themselves by ensuring proper insurance is in place for both property and legal risks. This includes insuring unoccupied or occupied homes under a probate-specific policy and using legal indemnity insurance to guard against claims from unknown creditors, missing wills, or beneficiaries. In complex cases, appointing a solicitor may also reduce personal liability.
Explore Legal Risk Cover: Estate Protect Direct
Protect Property: Probate House Insurance
Executor indemnity refers to insurance policies that protect personal representatives from third-party claims during estate administration. These include Section 27 Insurance (unknown creditors), Early Distribution Insurance, and cover for missing wills or beneficiaries. These policies help limit personal financial exposure.
Learn more: Estate Protect Direct
While there’s no single policy called “executor and inheritance protection,” people searching for this are typically looking for a suite of legal indemnity and property insurance products designed to protect personal representatives and beneficiaries. This includes cover for unoccupied property, early distribution, unknown creditors, missing wills, and missing beneficiaries.
View protection options: Estate Protect Direct
Yes. Executors have a legal duty to protect estate assets, including property, from the moment it becomes empty. If they fail to insure it properly and a loss occurs, they may be personally liable. The policy must be in the name of the estate and as broad as possible to minimise gaps in cover and protect against personal liability.
Hire a solicitor: A professional will take on responsibility for estate administration and is insured for any errors or omissions.
Buy specialist probate property insurance: This protects against liability for underinsurance or gaps in cover, particularly when a property is unoccupied or occupied without a tenancy.
Use legal indemnity insurance: Policies like Section 27 Insurance, Early Distribution Insurance, Missing Will Insurance, and Missing Beneficiary Insurance help shield executors from third-party claims.
Explore cover options: Estate Protect
Protect property: Probate House Insurance
Below are some of the most common questions we receive about Unoccupied Home Insurance. If we've missed any of your questions, please start an online chat with us. We'll be happy to answer them and update this page with additional posts to benefit other customers.
We also offer detailed guides that may be helpful, including step-by-step instructions on how to get a quote:
As an executor or administrator, you can be personally liable for defending claims and covering losses if you don’t have Probate Insurance, even when the claim is made against the estate, not directly against you.
Contentious probate isn’t limited to courtroom battles; it often begins with disagreements over who inherits, how the estate is handled, or whether the Will is valid.
These situations may involve someone being left out of the Will, a dispute over how much someone should receive, concerns about how the Will was created, or confusion when no Will exists. Claims under the Inheritance (Provision for Family and Dependants) Act 1975 are particularly common.
Such disputes can delay the probate process, increase costs, and expose executors to personal liability. It’s far better to identify and address potential risks early, before they escalate.
They’ll assess your situation, confirm whether a claim is unlikely (which may help you qualify for Early Distribution Insurance), or provide expert guidance on how to protect both yourself and the estate from risk.
Probate Insurance can help protect against:
Rob Faulkner is a leading expert in Probate Insurance, Probate Risk Management, Property Insurance (especially Unoccupied Home Insurance), with nearly 30 years’ experience in the UK insurance market. He is the founder of Insuristic, a specialist provider of probate-related insurance solutions and educational content for executors.
Rob is an ACII Chartered Insurance Broker, a Chartered Manager, and a Member of the Chartered Institute of Marketing. His background spans insurers, brokers, and Insurtechs, always focused on innovation, transparency, simplicity, and fair value.
Rob is passionate about product development and improving insurance education through marketing, helping people understand what they are buying. These values sit at the heart of everything we do at Insuristic.
His mission is to make Insurance smarter, easier to understand, and faster to buy. Particularly for the Probate market, where Rob has identified friction points and solved them for lay clients and solicitors alike.
Want to learn more? Visit my author page or follow me on LinkedIn.
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Please Note: Our broking team at SJL Insurance will need to talk to you to discuss your requirements. This is an advised service.
Please Note: Our broking team at SJL Insurance will need to talk to you to discuss your requirements. This is an advised service.
Please Note: Our broking team at SJL Insurance will need to talk to you to discuss your requirements. This is an advised service.
Please Note: Our broking team at SJL Insurance will need to talk to you to discuss your requirements. This is an advised service.
Please Note: Our broking team at SJL Insurance will need to talk to you to discuss your requirements. This is an advised service.
Please Note: Our broking team at SJL Insurance will need to talk to you to discuss your requirements. This is an advised service.