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Unoccupied House Insurance During Probate: An Executor's Guide

Unoccupied house insurance during probate is specialist cover for a home left empty while a deceased person's estate is settled. Arranging it, in good time, is the executor's job. A standard policy usually stops fully covering an empty house within weeks.

6 min read · Written by the Fairchild Oldfield team · Last reviewed: August 2026

30 to 60 days
Most standard home insurance policies restrict or withdraw cover once a property has been continuously empty for a set period, commonly 30 to 60 days. Individual policy wordings vary, so check the exact clause.
Based on standard UK home insurance policy wordings and Association of British Insurers guidance, as at August 2026, subject to change.

Unoccupied house insurance during probate is specialist cover for an empty home while a deceased person's estate is settled. A standard home policy usually restricts or withdraws cover once a property has been empty for 30 to 60 days, so the executor arranges unoccupied (probate) insurance, paid from the estate, to keep the house protected until it is sold or transferred.

This guide covers who is responsible, how to put cover in place, and the one condition that most often stops a claim being paid.

Why does a house in probate need special insurance?

A house in probate needs unoccupied cover because the previous policy usually stops protecting an empty home. Most standard home insurance contains a vacancy clause that restricts or withdraws cover once the property has been continuously unoccupied for a set period, commonly 30 to 60 days. An empty house also carries higher risk of undetected leaks, theft and vandalism.

Probate rarely moves quickly. A straightforward estate in England and Wales often takes around nine to eighteen months from death to final distribution (gov.uk, applying for probate, as at August 2026, subject to change). That is far longer than most vacancy clauses allow, so cover has to bridge the gap. Our guide to the probate process and how long it takes sets out the timeline.

Standard home insurance vs unoccupied (probate) cover

The two are not interchangeable. Standard home insurance assumes someone lives in the property; unoccupied or probate insurance is written for a home that sits empty, continues cover past the vacancy period, and adds conditions such as regular inspections that the executor must meet.

FeatureStandard home insuranceUnoccupied (probate) insurance
Occupancy assumedYes, someone lives thereNo, property is empty
Cover once empty 30 to 60+ daysRestricted or withdrawnDesigned for it, cover continues
Escape of water / theft while emptyOften excluded after the vacancy periodCovered, subject to conditions
Inspection conditionNot usually requiredRegular dated inspections, often every 7 to 14 days
PolicyholderThe late ownerThe estate, with the executor named
Term12 monthsFlexible, often 3, 6 or 12 months to match probate

General comparison of standard and unoccupied UK home insurance wordings, as at August 2026, subject to change. Individual policies differ, so always read the specific terms.

Who is responsible for insuring the property, and who pays?

The executor or administrator (the personal representative) is responsible for insuring the property, and the premium is paid from the estate, not from their own pocket. A personal representative has a duty to preserve the estate's assets, and leaving a valuable empty house uninsured can expose them personally if it is damaged.

Before the grant is issued, cover is normally arranged in the late owner's name with the executor named as the person entitled to deal with the property. Once the grant of probate or letters of administration is issued, the policy can move into the name of the executor or the beneficiary who is inheriting. Tell the insurer the truth about occupancy and the death; a policy taken out on wrong information may not pay out.

The empty home still counts in the estate. It is valued at open market value on the date of death and forms part of the estate for Inheritance Tax. Where a main residence passes to direct descendants, the residence nil-rate band adds up to £175,000 to the £325,000 nil-rate band, so many couples have up to £1,000,000 before 40% applies. These bands are frozen until 5 April 2031 (gov.uk, Inheritance Tax thresholds, Budget 2025, as at August 2026, subject to change). See how the residence nil-rate band works and valuing the property for probate.

How to arrange unoccupied house insurance during probate

Arranging cover is a short sequence, and doing it early avoids a gap where the house sits uninsured and a valid claim could later be refused. Work through the six steps below, in order, before the existing policy's vacancy period runs out.

  1. Tell the current insurer straight away. Report the death and the empty property, and ask whether cover continues, on what terms and for how long, so you know your deadline.
  2. Find the vacancy clause. Read the policy wording to see when cover for an empty home is restricted or withdrawn, commonly after 30 to 60 continuous days. That date is your cut-off.
  3. Get a specialist unoccupied or probate quote. Use an insurer or broker that writes unoccupied cover, starting before the current cover lapses. Terms often flex to 3, 6 or 12 months to match probate.
  4. Set the sums insured. Insure buildings for the full rebuild cost, not market value, and decide on contents. Remove or secure valuables and important documents while the house is empty.
  5. Note the conditions, especially inspections. Record how often the property must be checked, and whether heating must stay on or the water be drained over winter.
  6. Pay from the estate and keep the paperwork. Settle the premium from estate funds and file the schedule and receipts with the estate accounts.

The inspection condition executors most often get wrong

The single most common reason an unoccupied-property claim is refused is a broken inspection condition. Most unoccupied policies require the home to be checked at set intervals, often every 7 or 14 days, with a dated record. Miss the visits, or fail to log them, and the insurer can decline an otherwise valid claim for a leak, break-in or fire.

Executors are caught out because a standard policy never asked for this. If you cannot visit yourself, arrange for someone reliable and keep the log; a neighbour's word after the event is not the same as a contemporaneous, dated record. A defensible log for each visit usually captures:

  • The date and time of the visit, and who carried it out
  • An internal and external check for damage, leaks and signs of entry
  • Heating and water status (heating left on in cold weather, or the system drained)
  • Any issues found and the action taken, ideally with a timestamped photo

Two related traps: leaving the heating off in winter can void a burst-pipe claim, and leaving high-value contents in an empty house may exceed the contents limit or fall outside the theft cover.

How much does unoccupied house insurance cost during probate?

Unoccupied house insurance usually costs more than standard cover, because an empty property carries higher risk. Premiums are priced case by case and met from the estate, and flexible terms mean you often pay only for the months the house is empty.

Insurers weigh the postcode and its flood, subsidence and crime risk; the rebuild cost and contents value; how long the house will be empty; the property type and construction; and the security in place, where good locks, alarms and regular inspections can reduce the premium. Obtain a written quote for the specific property.

Frequently asked questions

These are the questions executors ask most about insuring an empty property during probate in England and Wales. Answers reflect the general legal and insurance position as at August 2026 and are subject to change; always read the specific policy wording.

What happens to home insurance when the owner dies?

The policy does not end at once, but it usually restricts or withdraws cover once the home has been empty for a set period, commonly 30 to 60 days. Tell the insurer about the death straight away, then arrange unoccupied cover before that period runs out.

Who pays for empty house insurance during probate?

The premium is paid from the deceased's estate, not by the executor personally. A personal representative has a duty to preserve the estate's assets, so the executor arranges the cover, settles it from estate funds, and records the cost in the estate accounts.

Can an executor insure a property they do not own?

Yes. As the person entitled to deal with the estate, an executor has an insurable interest and can arrange cover, usually in the late owner's name with the executor named. After the grant, the policy can move into the executor's or beneficiary's name.

How long can a house be empty before insurance is void?

It depends on the policy, but many standard home insurers restrict or withdraw cover after 30 to 60 continuous days unoccupied. Check the vacancy clause in the specific wording for the exact number of days, and arrange specialist unoccupied cover before that limit is reached.

Does unoccupied house insurance cover contents?

Many unoccupied policies cover contents as well as buildings, but limits and theft conditions are often tighter for an empty home. It is usually sensible to remove or secure valuables, and to insure buildings for the full rebuild cost rather than market value.

Do I have to tell the insurer someone has died?

Yes. Report the death and the change in occupancy as soon as you can. A policy left in place on incorrect information about who lives there may not pay a claim, so it is safer to disclose the position and update the cover.

About Fairchild Oldfield

The Fairchild Oldfield team brings together estate planning, tax and client care, working with families across England and Wales.

Fairchild Oldfield are estate planning specialists and will writers, not a firm of solicitors, and we do not sell or advise on insurance products. This article is general information based on practical experience, not legal, tax, financial or insurance advice.

Important: This article is general information only and is not legal, tax, financial or insurance advice. Reading it does not create a professional relationship. It is based on the law of England and Wales, and other UK jurisdictions may differ. Insurance terms vary between policies, so always read the specific wording. Figures and rules are current as at August 2026 and are subject to change. Before acting, many people choose to seek advice from a suitably qualified professional, such as a solicitor, a STEP practitioner, an accountant or a regulated insurance broker, who can consider their individual circumstances. Our pricing page and contact page explain how to reach us.

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