Whose name should house insurance be in during probate?

The problem you will find when searching for insurance online is that most quote journeys and policies are standard home insurance.  

The default for these providers is that ownership options are a person or a business:

• They rarely provide guidance on the insured name for Probate Property.
• If there are 4 personal representatives, it can be confusing as there may not be the option or space to write down all these names, as well as the name of the deceased.

The Name of the Insured for Probate should be either:

• If there is a will: The Executors of the estate of 'Name of the Deceased'
• If there is no will: The Administrators of the estate of 'Name of the Deceased'

If the property is owned as tenants in common, you can add to the end of this “and [name of the other owner].  This can arise when the surviving spouse is in care.

What the Insured's name shouldn’t be:

• The name of the deceased (without adding The Executors/Administrators of), as they are no longer a legal entity.
• It cannot be the name of a beneficiary as they are not the legal owners until they have the title deed, and at this point Probate Property Insurance cover would end, as the beneficiary is the legal owner and should insure it on a standard policy.
• A company name, such as that of the Solicitor administering the estate.

Using “Executors or Administrators of” means anyone in that role, as listed in the Will or the Letters of Administration, can be involved in the administration of the insurance policy, handling any claims, and receiving claim settlements on behalf of the estate.

In about 30% of cases, properties are owned as Tenants in Common rather than Joint Tenants. This is common in second marriages or where families are protecting assets from care home fees.

In this scenario, the deceased’s share doesn't automatically pass to the survivor; it stays with their estate. Therefore, the insurance must reflect both legal owners.

So in this scenario, here is the correct Insured Name:

• If there is a will: The Executors of the estate of 'Name of the Deceased' and Name of the Surviving Owner]
• If there is no will: The Administrators of the estate of 'Name of the Deceased' and Name of the Surviving Owner]

Using this format ensures:

• The Survivor is protected for their share of the property.

• The Estate (and its beneficiaries) is protected for the deceased’s share.

• Insurable Interest is correctly described, ensuring there are no disputes during a claim, which is the last thing a family needs when one partner is already dealing with probate or moving into care.

Under the Administration of Estates Act 1925, the estate is a separate legal entity.

By insuring as "Executors or Administrators of," you correctly identify the group with the legal right and duty to protect the property.

If a policy remains in the name of a deceased person, it is technically a contract with someone who no longer exists, which can cause problems when it comes to a claim. 

If the policy is in the name of a beneficiary who has yet to become the legal owner, they effectively have no insurable interest in the property, which could void the policy.

To make this easy for you, we remind you of the correct naming convention when you are requesting a quote. Just follow the instructions on the screen to ensure it is done correctly.

Whether you insure with Insuristic or not, this should help you with whichever provider you choose.

To find out more about our cover or get a quote, visit our Probate House Insurance page.  If you have further questions, visit our Probate Insurance FAQs page.