Probate House Insurance FAQs

Insuring unoccupied property isn’t the same as standard home insurance, so simply extending the previous insurance can be risky for those acting as an executor (if there is a Will) or administrator (if there is no Will).

This is because, usually, the deceased insured their property on a standard home insurance policy. Whilst the existing insurer may be happy to continue covering the property while it is unoccupied for a short period, you may find the cover more restrictive.

It is also possible that you might not know who the existing insurer is until you have been able to undertake a Financial Asset and Liability Search.

So, in either circumstance, it is worth considering arranging specialist probate house insurance with Insuristic.

It is essential to get this right, especially as executors or administrators are legally responsible for insuring the property. Any shortfall in a claim due to underinsurance, or worse, due to a declined claim, can fall to the executor to put things right or reimburse the estate.

Thankfully, Insuristic has written a guide to Insuring an empty house after the death of the owner which covers this thoroughly.  But if you have further questions, please start an online chat.

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If you buy a policy from Insuristic, our cover is available from the moment someone passes away, leaving the property empty until the property is sold or inherited.

As our cover is broader than most unoccupied home insurance policies you should consider insuring a house in probate as quickly as possible with Insuristic.

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Probate is the legal process of settling a deceased person's estate, which includes their property. During this process, the house is considered part of the estate, and not belonging to any one individual.

Here's a breakdown of ownership during probate:

• Deceased owner: The person who passed away still holds the legal title until probate is complete.
• Estate: the house becomes part of the deceased's estate, overseen by the court and the appointed personal representative (executor or administrator).

Once probate is finalised, ownership is determined by:

• Will: If the deceased had a valid will, it will usually specify who inherits the house.
• Intestacy laws: If there's no will, intestacy laws dictate who inherits the property according to their relation to the deceased.

In short, ownership is on hold during probate and will be decided upon completion based on the will or by law.

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Your Insuristic policy is still valid when probate has been granted. It only ends when the property has been sold or inherited and, therefore, no longer the responsibility of the executors or administrators, or when the policy terms lapses.

At this point, the beneficiary can arrange insurance using a different insurance policy.

Insuristic has developed an unoccupied home insurance product for properties empty for a reason other than probate. The cover will differ, as will some of the policy conditions; for example, the inspection period would be every 14 days instead of the 30 days on our probate house insurance policy.

Check out our unoccupied home insurance page for more information.

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The estate, typically managed by the executor, is responsible for paying for house insurance during probate. Here's how it works:

• Executors arrange the payment: The executor named in the will, or the court-appointed administrator if there's no will, is responsible for managing the estate's finances. This includes paying for ongoing expenses like house insurance.
• Funds come from the estate: The money to pay the premium usually comes from the estate's assets, which could include cash savings, investment accounts, or even the sale of other assets.

If the estate lacks funds, Insuristic clients can arrange a probate insurance loan, which the executors or administrators can pay monthly and which the estate can fully reimburse upon distribution.

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The responsibility of dealing with the deceased’s property falls to the Executor (when there’s a Will) or the Administrator (when there’s no Will). This responsibility starts when someone passes away to the point the property is sold or inherited, which is always after probate is granted.

They are responsible for resolving the issue if anything happens to the property after the owner dies.

They are accountable for the property and the entire estate administration process after someone has died. This involves following the wishes set in the Will or distributing the estate as per the rules of intestacy when there is no Will.

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You cannot insure a property that you don’t own unless you have an insurable interest in it.  This means you would suffer a financial loss if something happened to the property, such as if it is damaged or destroyed.

There are circumstances when you aren't the legal owner of the property but are legally responsible for insuring it, which in turn creates an insurance interest.  Such as

• During Probate: If you are acting as the executor or administrator, you do have an insurable interest, even though you are not the legal owner of the property. This is because you are legally responsible for the property with you being financially liable to rectify any uninsured losses.

You can insure the following circumstances on our unoccupied home insurance policy:

• Power of Attorney: If you have been granted a Power of Attorney to manage someone's financial affairs when they are no longer able, you can arrange insurance on their behalf, although you would still use their details as the insured name.
• Property owned in Trust: If you are a trustee, you can insure the property in the trust's name on behalf of the trust.

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There is no fast way to find out if a house is insured.  Analysing the bank statements of the deceased might reveal evidence of payments being made to an insurance company, but that does not mean there is cover or sufficient cover in place.

It may be safer to assume there is no cover and quickly buy a specialist unoccupied probate property insurance policy.

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Not necessarily.

If there is insurance in force, the existing insurance provider may require new additional policy conditions to continue cover, which may be difficult for you to comply with, such as inspecting the property every 7 days and producing written inspection reports.

Cover may also be more restrictive, which can leave you underinsured.  If a loss could have been insured but isn’t, the executors (if there is a Will) or administrators (if there is no Will) may be forced to reimburse the estate or put things right at their expense.

So again, it may be safer to arrange specialist insurance with Insuristic.

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Executors and Administrators are responsible for the entire estate administration process after someone has died.

This involves following the wishes set in the Will or distributing the estate as per the rules of intestacy when there is no Will. In addition to dealing with the property of someone who has died, estate administration involves selling and transferring assets, preparing tax forms, paying any Inheritance Tax due, and much more.

Executors and Administrators' roles shouldn’t be taken lightly. They are financially and legally responsible for the correct distribution of the estate. Executors and Administrators are not obliged to take on this responsibility and can choose not to accept it if they wish.

If they do, they should consider the following insurance policies to protect some of their liability. 

Each policy:

• Is in perpetuity, with no cover end date, thus forever giving those involved in the estate peace of mind.
• Covers many legal, defence costs and other expenses and indemnifies a successful claimant. This means beneficiaries are also protected from having to repay their inheritance if beneficiaries change.

Here are the four policies available:

Section 27 Insurance: This insurance protects the executors, personal representatives, trustees, and beneficiaries from claims from unknown creditors after the estate has been distributed. Insurers usually require a liability search prior to purchasing the insurance, which can be arranged with or without a Section 27 Notice. Unlike a Section 27 Notice, the cover protects the executors, personal representatives, trustees, and beneficiaries from such claims.

Early Distribution Insurance: Insurance provides protection from claims under the Inheritance (Provision for Family and Dependants) Act 1975, whether the estate is distributed within the statutory six-month waiting period or outside of this period.

Missing Will Insurance: Insurers usually require a Certainty Will Search before purchasing an insurance policy. This insurance protects against a newer Will being found after the estate has been distributed, which requires the estate to be redistributed.  It is also essential to cover those estates dealt with as Intestate.

Missing Beneficiary Insurance: Insurers usually require a Genealogist report before providing cover.  Insurance can be arranged to protect unknown beneficiaries during distribution or for those who are known but cannot be contacted.

If you would like to explore this in more detail, please check out 'Executor Insurance: The Complete Guide'.

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