When a person passes away, their house becomes part of their estate and is managed through the probate process.
During this time, it’s essential to ensure that the property remains properly insured. But who is responsible for insuring a house in probate?
The responsibility lies with the executor or administrator of the estate.
As the person appointed to manage the deceased’s affairs, the executor or administrator must arrange for appropriate insurance to cover the property until it is distributed or sold.
The Executor/Administrator’s Responsibility
The executor (if there is a will) or administrator (if there is no will) is legally responsible for managing the deceased’s estate, including the property.
This includes ensuring that the house is insured throughout the probate process.
While the estate owns the property during probate, it is the executor or administrator who must arrange for proper insurance.
They are legally obligated to protect the property from risks such as theft, fire, or vandalism. Failing to arrange the correct insurance could expose the executor or administrator to liability for any losses or damages that occur during probate.
Why Is Insurance So Important During Probate?
Insurance is vital during probate for several reasons:
When Does the Executor/Administrator Arrange Insurance?
The executor or administrator should arrange insurance as soon as possible after the death of the property owner. The property must be insured during the probate process to protect against any potential risks while the estate is being administered.
If the house is left vacant, the executor must arrange for Unoccupied Property Insurance. Many standard insurance policies won’t cover properties that are unoccupied for extended periods, leaving the estate vulnerable to significant risks.
Conclusion
In short, the executor or administrator is responsible for insuring a house in probate. They must ensure the property is adequately covered during the probate process to protect the estate from financial loss and safeguard their own liability.
If you’re an executor or administrator and need assistance in insuring a property during probate, it’s essential to arrange the right coverage.
At Insuristic, we specialise in providing tailored Unoccupied Probate House Insurance and Occupied Probate Property Insurance.
Understanding your responsibilities as an executor is crucial to fulfilling your obligations without risking personal liability.
PS: If you need help with Probate, we can introduce you to specialist probate solicitors in our network. Check out our ‘Find a Probate Solicitor’ page for more details.
This article provides general information only and should not be taken as legal advice. For specific probate guidance, please consult a qualified probate solicitor. Find a Probate Solicitor here.
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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