When a house is left empty during probate, it usually needs specialist unoccupied property insurance, because most standard home insurance policies stop covering a home once it has been empty for a set period, commonly 30 to 60 days. The first step is to tell the deceased's existing insurer as soon as possible, because an empty, unreported property risks having a later claim declined.
An empty home is at greater risk of escape of water, theft, vandalism and undetected damage, and it is the executor or administrator who is responsible for keeping the estate's assets safe until they pass to the beneficiaries. This guide explains how cover works, who arranges it, the conditions insurers often attach, and the council tax position, under the law of England and Wales. Figures are current as at August 2026 and are subject to change.
Do you need unoccupied house insurance during probate?
In most cases, yes. A property that sits empty while an estate is administered is usually treated by insurers as unoccupied, and standard home insurance is generally written on the basis that a home is lived in. Once a house has been empty beyond the policy's stated limit, cover for events such as escape of water, theft or malicious damage is often reduced or suspended, and a claim can be declined. The practical options are:
- Notify the current insurer first. The deceased's existing buildings and contents policy remains the starting point. Some insurers allow a short continuation of cover after a death, sometimes 30 to 60 days, if they are told promptly.
- Arrange dedicated unoccupied property insurance. Where probate is likely to take longer than that window, a specialist unoccupied or probate policy is the usual route, taken out for the period the home stays empty.
Neither step is a legal formality that can be left until later. An unreported empty property can leave the estate uninsured at exactly the point the risk is highest.
Why standard home insurance lapses on an empty home
Home insurance is priced and worded around the assumption that someone is living in the property, noticing a leak, deterring a burglar, and keeping the heating on in winter. When a home is empty, that assumption no longer holds, so insurers limit their exposure. Most policies set an unoccupancy limit, commonly between 30 and 60 consecutive days, after which certain perils are excluded unless the insurer has agreed otherwise in writing. The exact limit and the perils affected vary between insurers, so the policy wording, or a quick call to the insurer, is the only reliable guide for a particular property.
A death adds a further point. The policyholder has died, so the contract itself needs to be addressed. Telling the insurer allows them to note the change, confirm what cover continues, and set out any conditions for keeping the property insured while it is empty.
What unoccupied property insurance covers
Unoccupied property insurance, sometimes sold as probate or executor cover, is designed for a home that no one is living in. The building blocks are broadly the same as ordinary home insurance, adjusted for an empty property.
| Element | What it typically covers |
|---|---|
| Buildings | The structure and permanent fixtures against events such as fire, storm, flood, subsidence and escape of water, subject to the policy terms. |
| Contents | Furniture and belongings left in the home against theft or damage, often at a reduced level for an empty property. |
| Property owner liability | Claims from visitors, neighbours or the public who are injured, or whose property is damaged, in connection with the empty home. |
| Optional extras | Cover during renovation or clearance, and cover for a period of letting, are sometimes available depending on the insurer. |
General description of how unoccupied property cover is commonly structured. Cover, limits and exclusions differ between insurers, so the individual policy wording governs. As at August 2026, subject to change.
Cover for an empty home is usually narrower than for an occupied one. Some perils may carry a higher excess, and theft cover can require forced entry. This is general information about how these policies tend to work, not a statement about any particular product.
Whose responsibility is it to insure the property?
The personal representative, meaning the executor named in the will or the administrator where there is no will, is responsible for protecting the estate's assets until the administration is complete. Insuring an empty home sits squarely within that duty. Before a grant of probate is issued, the personal representative can still act to preserve the property, including arranging insurance, and the premium is normally an expense of the estate. You can read more about the wider role in our guide to what probate is and how it works.
Where the home passes to a beneficiary who intends to keep it, they will usually arrange their own cover once the property is transferred. Until then, keeping continuous insurance in place helps protect the value that beneficiaries will ultimately receive, and it fits within the broader picture covered in our guide to estate planning for families in England and Wales.
Conditions insurers often attach
Insurers commonly apply what are called unoccupancy conditions before they will cover an empty home, and failing to meet them can lead to a claim being declined. These vary between policies, but often include:
- Regular documented inspections of the property, for example weekly, with a record kept of each visit.
- Turning off and, in some cases, draining the water system, particularly over the winter months.
- Keeping the property secure, which can mean specified locks and dealing with post so it does not build up visibly.
- Removing valuables, and sometimes limiting or removing higher-risk contents.
- Notifying the insurer before any building work, clearance or letting begins.
Because these conditions are practical rather than legal, the safest approach is to read them carefully when cover is arranged and keep simple evidence that they have been met, such as dated notes of inspections.
Council tax on an empty property in probate
Insurance is not the only cost to plan for on an empty home. Council tax has its own rules where a property is unoccupied because the owner has died. While the home stays empty and probate has not yet been granted, no council tax is due, and a further exemption of up to six months may apply after probate is granted, provided the property remains unoccupied and in the deceased's name (gov.uk, council tax on empty properties, as at August 2026, subject to change). The council needs to be told, as the exemption is not applied automatically.
| Situation | Council tax position |
|---|---|
| Home empty, before probate is granted | No council tax due while the property stays unoccupied and in the deceased's name |
| After probate is granted, home still empty | An exemption of up to a further six months may apply |
| Long-term empty afterwards | A premium can apply, up to four times the normal bill once a home has been empty at least 10 years |
Source: gov.uk, second homes and empty properties, as at August 2026, subject to change. Councils set their own discounts and premiums within the national rules, so the local council is the definitive source for a particular property.
Cost and how long cover is needed
The cost of unoccupied property insurance depends on the property, its value, its location, the length of cover and the level of protection chosen, so a single figure is rarely meaningful. Cover is usually arranged for the period the home is expected to stay empty, which is tied to how long probate and the sale or transfer take. In many straightforward estates the grant of probate follows some weeks after the application, and administering the whole estate, including selling a property, often runs to several months or more, which is why cover is commonly set up on a rolling or fixed-term basis and reviewed as matters progress.
The property value also feeds the wider estate figures, including the probate application fee of £526 for an estate valued at more than £5,000 (gov.uk, applying for probate: fees, as at August 2026, subject to change), and any inheritance tax. For the tax side, see our guide to inheritance tax in England and Wales.
Key facts at a glance
- Most standard home policies treat a house as unoccupied after 30 to 60 days empty, with cover then reduced or suspended. The exact period varies between insurers (general market practice, as at August 2026, subject to change).
- Telling the deceased's existing insurer promptly is the first step; specialist unoccupied or probate cover is the usual route for longer periods.
- The executor or administrator is responsible for keeping the estate's property insured, and the premium is normally an estate expense.
- No council tax is due while the home is empty before probate is granted, with up to a further six months' exemption after, if it stays unoccupied and in the deceased's name (gov.uk, as at August 2026, subject to change).
- Scotland and Northern Ireland differ, see below.
Scotland and Northern Ireland
This guide describes England and Wales. Insurance principles for an empty home are broadly similar across the UK, but the surrounding law differs. Scotland uses "confirmation" rather than a grant of probate, and it has its own council tax rules on empty and second homes. Northern Ireland uses domestic rates rather than council tax, administered separately. Where an estate includes property in more than one UK nation, the rules of each apply, and it can be worth taking advice in the relevant jurisdiction.
Frequently asked questions
Do I need special insurance for an empty house during probate?
Usually yes. Most standard home insurance policies treat a property as unoccupied once it has been empty beyond a set limit, commonly 30 to 60 days, after which cover for events such as escape of water and theft can be reduced or suspended. Telling the deceased's existing insurer promptly is the first step, and specialist unoccupied or probate cover is the common route where the home will be empty for longer. The exact terms vary between insurers, so the policy wording governs.
How long will a normal home insurance policy cover an empty property?
It varies between insurers, but many policies keep full cover for around 30 to 60 consecutive days of a property being empty, after which certain perils are excluded unless the insurer has agreed otherwise. Because there is no single fixed rule, the reliable approach is to check the specific policy wording or ask the insurer directly. This is general market practice as at August 2026 and is subject to change.
Who is responsible for insuring a house in probate?
The personal representative, meaning the executor named in the will or the administrator where there is no will, is responsible for protecting the estate's assets, which includes keeping an empty home insured until it is sold or transferred. The premium is normally paid as an expense of the estate. Preserving the property can be done before the grant of probate is issued.
Does the existing home insurance continue after the policyholder dies?
Not automatically for an indefinite period. The insurer needs to be told of the death, after which some allow a short continuation of cover, sometimes 30 to 60 days, while the estate is dealt with. Beyond that, dedicated unoccupied property insurance is usually arranged. Leaving the insurer uninformed risks a later claim being declined.
Is council tax payable on an empty house during probate?
No council tax is due while the property stays empty and probate has not yet been granted, and an exemption of up to a further six months may apply after probate is granted, provided the home remains unoccupied and in the deceased's name (gov.uk, as at August 2026, subject to change). The council must be told, as the exemption is not automatic, and a premium can apply to homes left empty long term.
What conditions do unoccupied property insurers usually set?
Insurers often require regular documented inspections, turning off or draining the water system, keeping the property secure, dealing with post, and notifying them before any building work or letting. These conditions vary between policies, and not meeting them can lead to a claim being declined, so reading the wording and keeping simple evidence that the conditions are met is sensible.