Who Owns a Property During Probate – and the Risks You Can’t Ignore

Who owns a property during probate? If you’re managing an estate, knowing who owns a property during probate is crucial. During probate, legal ownership of a property temporarily passes to the executor (if there is a will) or administrator (if there is no will), held “on trust” for beneficiaries.

This is one of the first and most important questions executors ask after someone dies — and it’s often misunderstood. The answer matters because it determines who has legal control of the property and who is responsible for protecting it during probate.

This means they must protect and maintain the home, including arranging specialist Probate House Insurance if it is empty, or Occupied Probate Property Insurance if it is not. Executors are also legally responsible for insuring the property adequately and are liable for any claims shortfalls following underinsurance or gaps in cover. They can learn more about these responsibilities in our Executor Home Insurance guide.

Understanding who owns a property during probate

When someone dies, their property forms part of their estate unless it passes directly to a joint owner.

According to GOV.UK probate guidance, if the deceased owned property in their sole name or as a tenant in common, it becomes part of the estate and can only be sold or transferred by the executor or administrator once a grant of representation has been issued.

If the property was owned as a joint tenant, the deceased’s share passes automatically to the surviving owner and does not form part of the probate estate.

• Joint tenants – the deceased’s share passes automatically to the surviving co-owner and does not form part of the probate estate.
• Tenants in common – the deceased’s share forms part of the estate and must be dealt with through probate.
• While probate is ongoing, the executor or administrator is the legal holder of the title and is responsible for managing the property until it is sold or transferred to the rightful heir(s).

Executor and administrator authority

• According to GOV.UK’s Apply for probate guidance, an executor named in a will can act from the date of death, while an administrator only gains authority once the grant of letters of administration is issued. Both are responsible for managing estate assets, including property, until probate is complete.
• An administrator only gains authority once the grant of letters of administration is issued.
• Any sale, transfer, or major decision involving the property must follow the probate process and the executor’s legal duties to the estate.

Common risks for empty property during probate

Leaving a property unprotected during probate can create severe financial exposure for the executor.

Some of the main risks include:

• Underinsurance – a major risk for executors, who will be liable for the shortfall if the property is underinsured. Read our blog: The risk of building underinsurance for executors.
• Escape of water – the most common cause of loss in unoccupied properties. Some cover is available with Insuristic, but draining water systems is the best way to remove the risk.
• Exclusions – many providers exclude escape of water, theft, and malicious damage. If these events occur, and the cover is missing, the executor may be personally liable.
• Fire, theft, and malicious damage – empty properties are more vulnerable to these perils.
• Flood and subsidence – some policies exclude these high-cost claims, which could create significant financial loss.

Insurance considerations during probate

Choosing the right policy depends on whether the property is occupied or empty, and this applies regardless of who owns the property during probate. The executor or administrator must make sure that cover is in place which reflects the property’s condition and occupancy.

• Empty property – requires Probate House Insurance to ensure broad protection.
• Occupied property – requires Occupied Probate Property Insurance to maintain continuous cover.

In both cases, the executor should:

• Arrange cover immediately after the date of death.
• Ensure the sum insured reflects the full rebuild cost.
• Review the policy wording for exclusions and conditions.

Summary – Who owns a property during probate?

During probate, the property is legally held by the executor or administrator and must be managed on behalf of the beneficiaries until the process is complete.

Knowing who owns a property during probate helps ensure you understand your legal duties, protect the property, and avoid costly mistakes. Whether you’re an executor or administrator, taking swift action to protect the property is essential.

Having the right insurance in place protects both the home and the executor’s legal responsibilities.

If you have further questions? Read more in our Probate Insurance FAQ Hub or get an instant Probate House Insurance quote online today