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. However, it could have disastrous financial consequences for executors or administrators (if there is no Will). Arranging the right probate property insurance with a specialist like Insuristic can be quicker whilst reducing your risks
If you’re unsure where to begin, read our guide on how to buy the best probate house insurance for the estate. It explains exactly what to look for, why standard policies often fall short, and how to arrange the right cover with confidence.
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 has been underinsured, it could result in a significant shortfall when a claim value is calculated.
This is more likely to occur if the insurance is an extended standard home insurance policy because they aren’t usually designed for unoccupied property. Existing home insurers might not want to continue to cover 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.
In this post, I’ll show you why standard coverage often fails executors responsible for unoccupied property in probate, and what to consider instead.
Unoccupied properties in probate face a perfect storm of challenges that standard home insurance policies aren’t built to handle.
Firstly, most home insurers don’t cater to the legal responsibilities executors or administrators face. The property may be empty for an unknown period, subject to legal delays, and often still tied to a deceased estate, all of which complicate underwriting.
Secondly, occupancy 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.
Lastly, there’s the legal aspect. Policies must be arranged in the correct name, that of the estate, not in a personal name, and they must cover liabilities unique to estate administration. If something goes wrong, the executor may be held personally liable for gaps in cover.
That’s why a specialist policy, built for unoccupied property in probate, is essential — it protects the home and the person responsible for it.
Insuring an unoccupied property in probate is far from straightforward. Executors must find cover that reflects both the vacant nature of the home and the legal duties tied to estate administration. Most standard policies don’t meet these needs, leaving critical gaps that could expose executors to financial and personal liability.
One of the most overlooked risks when insuring an unoccupied property in probate is restricted cover.
As an unoccupied property presents a higher risk of claims for insurance providers, many are likely to offer less cover than they do for standard home insurance policies.
It is not uncommon for basic FLEEA insurance cover to be provided, which only covers claims caused by fire, lightning, explosion, earthquake, or aircraft.
This is a risk for executors or administrators because it would mean common claims like escape of water, theft, and damage caused by break-ins wouldn’t be covered. Neither would less common but potentially significant claims like flood or subsidence.
If a claim is not covered that could have been under a more specialist insurance policy 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.
To learn more about these risks, check out our blog post ‘FLEEA Insurance Cover and the Risks’.
Even if the insurance provider doesn’t provide this basic level of cover, it won’t be at the same level as what you could get for an occupied property.
Cover varies between insurance providers, so check the policy documents before agreeing to cover.
Underinsurance is one of the most common issues affecting unoccupied properties in probate, particularly when the rebuild cost hasn’t been updated.
Underinsurance is a major hazard for unoccupied property in 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 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:
If you would like to learn more about this, take a look at another post I have written called ‘The risk of building underinsurance for executors’.
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. Again, to reiterate my point, if you can’t evidence compliance with a policy condition, claims are likely to be declined.
Examples of policy conditions that might be new to you are:
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.
Lastly, some probate insurance policy cover will end when the Grant of Probate is received, so be sure to check for this as you may find the property is suddenly no longer insured.
If Insuristic insures the property, this condition won’t catch you out as we provide coverage until the property is inherited, sold, or occupied.
It is becoming more common for empty property during probate to be occupied by future beneficiaries, family friends or paying tenants.
In this scenario, the existing home insurance provider would unlikely continue to cover the property as the occupants would not have an insurable interest in it.
If the property is occupied by paying tenants, you will lead a landlord’s insurance policy that is insured in the name of the estate.
If people occupy the property without a tenancy agreement and/or charge, you are unlikely to be able to buy this cover online
If you need to insure property occupied during probate, please contact us and we will arrange for you to be contacted via phone.
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 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 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.
Insuristic has developed online policies specifically for unoccupied property in probate, helping executors avoid the cover gaps and compliance 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 with the occasional policy to insure, 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.
Lay executors can choose from three levels of cover and insure for 3, 6, 9, or 12 months. The property will only need to be inspected once every 30 days, and no written reports are required. All we ask for is one photo of the front of the property and one of a room inside, taken with a mobile phone on every visit. Keep a copy of the images to provide to our claims team in the event of a claim to evidence you have complied with the policy condition if you need to make a claim.
If you are a specialist probate firm, such as a solicitor or accountant, that regularly needs to insure unoccupied property in probate, you can talk to us about Probate Pro, our inspection-free product designed for regulated firms. Cover can usually be arranged in a minute, with payment on account. Plus, you will have full insurance broking support for high-value or heritage property or property with issues.
Lastly, if you have inherited the property and it is still empty, you can insure this on our unoccupied home insurance policy until it is sold or occupied. Again, you can arrange insurance on a 3, 6, 9 or 12-month basis and choose from three levels of cover.
Most of our clients might also find the following pages useful:
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.
Arrange a FREE consultation with a Contentious Probate Solicitor.
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.
Rob Faulkner is a leading expert in executor insurance risk and probate 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.
He’s passionate about helping everyday people, executors, beneficiaries, and law firms choose the right probate property insurance or unoccupied home insurance, without jargon, inflated fees, or hidden commissions.
Rob is especially 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.
Want to learn more? Visit my author page or follow me on LinkedIn.
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