The Risks of Extending Home Insurance in Probate

If you are an executor or probate professional responsible for insuring unoccupied property in probate, I know you have a lot to do and think about.  

Extending the existing insurance arranged by the deceased may seem like the easiest way to protect an unoccupied property in probate, but it could expose executors to serious risks, particularly if you need house insurance while waiting for probate to be granted, which can take many months. Arranging the right probate property insurance with a specialist like Insuristic can be quicker whilst reducing your risks.

Read on to find out more.  Or visit our Probate House Insurance page to learn about the cover or get a quote.

Here is a quick summary of the risks you are about to read:

1. Gaps in Protection: You may only have "FLEEA" cover (Fire, Lightning, etc.), leaving you exposed to theft or water damage.

2. Onerous Conditions: You may not be used to the conditions in an unoccupied property insurance policy, which could open you to personal liability, e.g. missing a single 7-day property inspection could void your entire claim.

3. Personal Liability: If the claim is rejected due to a policy gap or because you underinsured the property, the beneficiaries can hold you personally liable for the shortfall.

Executors or administrators could have substantial personal liability if the insurance is improperly arranged. For example, if inadequate cover is purchased, there are gaps in cover, claims aren’t covered, or the property is underinsured, it could result in a significant shortfall when calculating a claim value.

This is more likely to occur with an extended standard home insurance policy, as these policies aren’t typically designed for unoccupied probate property. Existing home insurers may not want to continue covering the property while it is empty. Still, if they do, they might restrict cover or impose policy conditions that are difficult to comply with, which could result in declined claims if you fail to follow them.

On this page, I'll show you why standard cover often fails when arranging house insurance for property in probate, and what executors should consider instead.

Unoccupied properties in probate face a perfect storm of challenges that standard home insurance policies aren’t built to handle.

1. Most home insurers don’t cater to the legal responsibilities executors or administrators face. The property may remain empty for an unknown period, be subject to legal delays, and still be tied to a deceased estate, all of which complicate underwriting.
2. The unoccupancy risk is much higher. Empty homes are more vulnerable to damage from burst pipes, theft, vandalism, or unnoticed maintenance issues. Insurers often respond by reducing cover or imposing strict inspection and maintenance requirements that executors may not be aware of.
3. The legal aspect. Policies must be arranged in the correct name, that of the estate, not in a personal name, and they must cover the liabilities of the personal representatives, which many standard unoccupied policies do not. If something goes wrong, the executor may be held personally liable for gaps in cover.

That's why home insurance for a house in probate needs to be a specialist policy. Generic unoccupied cover wasn't designed for this, which is why you need a policy that protects both the home itself and the personal representatives' liabilities.

Restricted cover

One of the most overlooked risks when insuring an unoccupied property in probate is the risk of restricted cover.

Because unoccupied properties pose a higher risk of claims, insurers are likely to offer less cover than for standard home insurance policies.

It is not uncommon for basic FLEEA insurance to be provided, which covers only claims caused by fire, lightning, explosion, earthquake, or aircraft. 

This is a risk for executors or administrators because it would mean that common claims such as water escape, theft, and damage caused by break-ins wouldn’t be covered.  Neither would less common but potentially significant claims, such as flood or subsidence.

If a claim is not covered that could have been under specialist probate home insurance like that offered by Insuristic, the executors can be accused of negligence (even if you are a lay executor) and be forced to cover the uninsured costs of reinstating the property. Most people would not have the funds readily available to do this, so the consequences can be severe.

Underinsurance

Underinsurance is a major hazard with building insurance during probate, especially when rebuild values aren't updated.

This can be because people base insurance on market value (which isn’t the same as rebuild value), valuations haven’t been updated in years, and since then, building costs have inflated, or property improvements have been made.

If the deceased had underinsured their property, the executors or administrators are effectively taking on this liability by extending the existing insurance.  As 8/10 properties in the UK are believed to be underinsured, this is a significant risk.

If underinsured, executors may face reduced or declined claims. To avoid this, executors should review existing insurance and if they are unsure of the cost to rebuild the property, either:

• Buy a policy on a blanket sum insured basis, which can reduce the risk of underinsurance, providing the blanket amount is enough to rebuild the property or
• Request a professional RICS rebuild valuation.  Insuristic customers can obtain a rebuild valuation from Barret Corp Harrington VAT (we don’t earn commission on this; it is just a service we provide).

New Policy Conditions

If you are like most people, you probably haven’t insured an empty property before. Policy conditions for an unoccupied property in probate can vary widely, especially if the insurer is unfamiliar with estate administration.

If the insurance provider isn’t a specialist, these policy conditions can be onerous and difficult to comply with.   As I have said, this is a significant financial risk for executors.  Failure to comply with policy conditions can result in rejected claims, with the executor or administrator left to foot the bill.

Policy conditions are usually reasonable, but they might be more restrictive than those of a specialist, so you should always check the policy wording before buying the cover to ensure you can comply. To reiterate my point: if you can’t provide evidence of compliance with a policy condition, claims are likely to be declined.

Examples of policy conditions that might be new to you are:

• Property Inspections: Insurers typically require that empty properties be inspected regularly. This can be required as frequently as every seven days, and you will need to document these inspections.
• Property Inspection Reports: These are usually required to evidence each inspection.  You will need to record the date of each inspection and confirm that there were no issues.  If there is a claim, you may have to prove you were physically there (i.e. you didn’t just write down a list of visits after a claim has occurred), particularly if the damage has built up over time, for example, a burst pipe.    
• Draining Water Systems: Many insurance providers won’t cover the risk of escape of water, such as from a burst pipe.  If this is the case, they will require the water system to be fully drained.
• Keeping the heating on: If an insurer is prepared to cover escape of water and the systems aren’t drained, they will require the heating to be left on at a specific temperature during the winter months to reduce the risk of burst pipes.  They might also require leaving the loft hatch open to allow warm air to reach the loft, a common area for burst pipes.
• Switching off utilities: Insurers are concerned about the risk of fire in unoccupied properties and will usually require the utilities to be switched off whilst the property is empty (except for heating systems).
• Maintaining the property: To prevent losses, stay on top of property maintenance.  For example, if a storm dislodges roof tiles, the insurer will expect you to fix this promptly to prevent water ingress. 
• Keep the garden tidy: An untidy garden sends a clear signal that the property is empty and increases the risk of theft, malicious damage, and squatters.  Keeping the garden tidy is likely to be a policy condition.
• Regularly remove or redirect mail: A buildup of mail is another indicator of an empty property and is likely a policy condition.

So, whilst these conditions aren’t a risk of extending the existing home insurance, they may not be apparent to you.  Care must be taken to comply with these conditions to prevent uninsured losses.

Important: Some probate house insurance policies end when the Grant of Probate is received, so be sure to check, as the property may suddenly be no longer insured.

If Insuristic insures the property, this condition won’t catch you out, as we provide cover until the property is inherited, sold, or occupied.

You will only find out how good your insurance policy is when you come to make a claim, so be sure to check how the insurance provider handles claims before you buy a policy.

Many probate home insurance providers will require you to report claims directly to the insurer, and not all insurer claims services are equal. You might not get much support or advice during this process, and as a busy executor, this can be stressful and time-consuming.

Insuristic policyholders benefit from an in-house property claims team that can provide advice and support at every stage.  For claims where a loss adjuster is required, they will manage this process and deal directly with the insurer to achieve the best possible claims settlement for the estate.

It's increasingly common for a probate property to be occupied by a future beneficiary, a family friend, or a paying tenant.

In that situation, extending the deceased's home insurance is rarely an option: the existing insurer can't continue cover for someone with no insurable interest in the property, and the policy wasn't designed for an occupied home in the first place.

The cover you'll need depends on who's living there.

If the property is let to paying tenants, you'll need a landlord's policy in the name of the estate.

If it's occupied informally — without a tenancy agreement or rent — that's a specialist arrangement that usually can't be bought online.

Either way, this page isn't the right starting point. We've written a dedicated guide for it: Can you insure a property that's lived in during probate?

Insuristic has developed online policies specifically for unoccupied property in probate, helping executors avoid the coverage gaps and liability risks that come with standard home insurance.

Our policies benefit from our in-house claims service and zero policy or cancellation fees. This means that if you need to cancel the policy earlier than planned, you won’t be charged to cancel, and you will get a pro-rata refund representing the value of any unused cover.

If you are a lay executor or solicitor arranging house insurance while waiting for probate, check out our Probate House Insurance page for details and to get a quote. A policy can usually be purchased online in two minutes or less.

If you found this helpful, these related guides cover other aspects of insuring a property during probate:

• Insuring an Empty House After Death — the immediate insurance steps to take when a property owner has passed away.
• Probate Property Insurance — the main product page covering buildings, contents and liability cover for unoccupied probate properties.
• Probate Building Insurance — when buildings-only cover is the right choice for the property.
• Home Insurance for Executors: Understanding the Risks — the broader liability picture for personal representatives.
• What is the Risk of Building Underinsurance in Probate? — why setting the right rebuild value matters and how to avoid personal liability.
• Protecting Probate Property — practical risk management beyond insurance.
• Probate Checklist — the wider list of tasks personal representatives need to manage.