Who Insures a House in Probate?

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:

• Protecting the Property: If the property is unoccupied, it is more susceptible to risks such as theft, damage, or vandalism. Standard unoccupied home insurance policies may not cover unoccupied properties, which is why it’s essential to have Probate House Insurance designed explicitly for probate situations.
• Executor Liability: Executors are legally responsible for the estate’s assets. If the house is not appropriately insured and something happens, the executor could be held personally liable for any resulting financial loss. This is why it’s crucial to have the correct coverage in place.
• Maintaining Estate Value: Proper insurance ensures that the value of the estate is preserved. If the property is damaged or destroyed, the estate might not have enough funds to rebuild or repair it, potentially reducing the amount available to beneficiaries.

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.