Probate (Unoccupied) Property Insurance

Probate property insurance is cover for a home that stands empty while an estate is being dealt with. Once a house is unoccupied, many ordinary home insurance policies reduce or withdraw cover after a set period, so a separate unoccupied or probate policy is often arranged to keep the property protected.

When someone dies, their home frequently sits empty for months while probate is obtained and the property is cleared, sold or transferred. During that time a personal representative is legally responsible for the estate's assets, including the property, from the date of death until everything is passed on to beneficiaries (gov.uk, dealing with an estate, as at July 2026, subject to change). This guide explains why cover changes, who arranges it, and what many executors check. It forms part of our wider estate planning guide.

What is probate property insurance?

Probate property insurance is buildings and contents cover for a home left empty during the administration of an estate. It is really a form of unoccupied property insurance, arranged because a house tends to sit vacant while probate is sought and the property is dealt with. It is a private insurance product rather than anything set by law, so terms, limits and price vary between insurers.

Why does insurance cover change when a home is empty?

Insurers treat an empty home as a higher risk than an occupied one. A vacant property is more exposed to undetected leaks, escape of water, break-ins and vandalism, so most standard home policies limit or suspend certain cover once a property has been unoccupied beyond a stated number of days. The exact limit is set by each insurer in its policy wording, not by any single national rule, so it varies from one policy to another.

Vacancy limits. Many policies restrict cover after a property has been empty for a set period defined in the policy terms.
Notification. Insurers usually expect to be told promptly when a policyholder has died and a home has become unoccupied.
Conditions. Cover may depend on steps such as regular inspections, draining water systems in winter, or keeping the property secure.

Standard home insurance versus unoccupied cover

The main difference is how each treats an empty property. A standard home policy assumes someone lives there and often narrows cover once the home has been unoccupied beyond the period set in its wording. Unoccupied or probate cover is written specifically for an empty property, though it may carry more conditions and a higher premium. The table below sets out the typical contrasts.

Feature	Standard home policy	Unoccupied / probate policy
Occupancy assumed	Property is lived in	Property is empty
Empty-property cover	Often reduced after a set unoccupied period in the policy terms	Written for an unoccupied home
Typical conditions	Fewer	May require inspections, security and water systems drained
Cost	Usually lower	Often higher, reflecting the risk

General comparison of how insurers commonly treat occupied and unoccupied homes. Specific limits, conditions and prices are set by each insurer in its own policy wording and are not fixed by statute. This is general information, not a recommendation of any product.

What executors often check with an insurer

There is no single official checklist, but a few questions come up again and again. Working through them early can avoid a gap in cover on a property the estate is responsible for. Many executors raise the following with the insurer or an FCA-authorised broker before deciding how to proceed.

Notify the insurer

Tell the deceased's home insurer about the death and that the property is now empty.

Check the vacancy terms

Ask how long cover continues on the current policy once the home is unoccupied.

III

Compare options

Weigh extending the existing policy against a dedicated unoccupied or probate policy.

Meet the conditions

Note any inspection, security or maintenance duties the cover depends on.

A worked example (illustration only). An only child is named executor after a parent dies, leaving a house that will stand empty until probate is granted and the home is sold. She contacts the existing insurer, which tells her the current policy limits cover once the home has been empty beyond the period in its wording. She arranges an unoccupied property policy for the administration period instead, and notes the council tax position, because after probate a further exemption of up to six months may apply while the home stays unoccupied and in the name of the person who died (gov.uk, empty properties, as at July 2026, subject to change). Figures and terms differ by insurer and council, so this is general information rather than a calculation for any real estate.

Unoccupied property and probate in Scotland and Northern Ireland

Insurance itself is regulated on a UK-wide basis, so unoccupied cover works in broadly the same commercial way across the UK. The surrounding process differs. Scotland uses confirmation rather than a grant of probate and has its own succession law, and it charges council tax under separate rules with its own treatment of empty homes. Northern Ireland has a separate probate system and uses domestic rates rather than council tax. Where an estate or property sits in Scotland or Northern Ireland, it can be worth checking the local position. For the wider picture, see our note on selling a house during probate.

Frequently asked questions

Do you need special insurance for a property during probate?

Often, yes, if the home is standing empty. Many standard policies limit cover once a property has been unoccupied beyond the period set in the policy wording, so executors frequently arrange unoccupied or probate cover instead. The first step for many is to contact the existing insurer and ask how it treats an empty home. An FCA-authorised broker can help compare options.

Who is responsible for insuring a house during probate?

Usually the executor or administrator. A personal representative is legally responsible for the property and possessions of the person who died, from the date of death until the estate is passed on (gov.uk, as at July 2026, subject to change). Keeping an empty home insured generally forms part of that duty to look after the estate's assets, depending on the circumstances.

Does home insurance still cover an empty house after someone dies?

It can, but often only for a limited time. Many home policies reduce or withdraw parts of their cover once a property has been unoccupied beyond a period defined in the policy terms, which varies by insurer. Telling the insurer promptly about the death and the empty property helps avoid a gap, and some cases call for a dedicated unoccupied policy.

How long can a house be left empty during probate?

There is no single legal limit, and homes often stay empty for months while probate is obtained and the property is sold or transferred. What matters for insurance is the vacancy period in the policy wording, and for council tax the exemptions that may apply, including a possible further exemption of up to six months after probate while the home stays unoccupied and in the deceased's name (gov.uk, as at July 2026, subject to change).

Is unoccupied property insurance more expensive?

It often costs more than standard home cover, because insurers treat an empty property as a higher risk of leaks, theft and damage. Price and conditions vary between insurers and are set in each policy rather than by any national rule. Comparing options, or using an FCA-authorised broker, can help executors find suitable cover for the administration period, depending on the property.

Do you pay council tax on an empty property during probate?

Not before probate is granted, where the property is empty because the owner has died and it stays unoccupied (gov.uk, as at July 2026, subject to change). After probate, a further exemption of up to six months may apply while the home remains unoccupied and in the name of the person who died. Beyond that, councils set their own charges, so it can be worth checking locally.

About Fairchild Oldfield

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

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

Important: This article is general information only and is not legal, tax or financial advice, nor a recommendation of any insurance product. Reading it does not create a professional relationship. It is based on the law of England and Wales, and other UK jurisdictions may differ. Figures and rules are current as at July 2026 and are subject to change. Insurance is a regulated product, and terms differ between providers. Before acting, many people choose to seek advice from a suitably qualified professional, such as a solicitor, a STEP practitioner, or an FCA-authorised insurance broker or financial adviser, who can consider your individual circumstances.