Can a house be occupied while in probate?  

When someone passes away, dealing with their estate can be complex, especially when it comes to property. One common question is: Can a house be occupied while in probate? Whether you’re a family member hoping to stay in the home or an Executor trying to protect the estate, it's important to understand your legal responsibilities. 

Legal duties of care 

During probate, the legal ownership of the deceased’s property lies with the estate. That means the person named as the Executor (or Administrator if there is no Will) is responsible for managing the home until probate is granted and the estate is distributed. 

Even though no one technically “owns” the property until probate is complete, the Executor has a legal duty to safeguard the home. This includes ensuring it is not damaged, neglected, or misused. That means controlling who has access to the property, and ensuring it’s occupied only when appropriate. 

If someone does want to live in the home during probate, it's not illegal, but it’s not without risk. Executors must make sure this doesn’t affect the value of the estate, create conflict among beneficiaries, or delay the probate process. 

Repairs, cleaning, and security 

Whether the house is empty or lived in, basic upkeep is essential. Executors should arrange for: 

• Regular cleaning to avoid damage or deterioration

• General repairs, like fixing leaks or broken locks

• Security measures, such as alarm systems or regular check-ins 

If the property is left empty for an extended time, it’s wise to notify the insurance provider. Many home insurance policies become invalid if a property is unoccupied for more than 30 days. Some insurers offer specialist “vacant property” coverage during probate. 

On the other hand, having someone stay in the property can help - particularly if they’re trusted and able to maintain it. But this should be agreed upon by all Executors and documented clearly, to avoid future disputes. 

Neglect consequences 

Leaving a house empty during probate might seem like the safest option, but it can have serious consequences. Damp, vandalism, theft, and unnoticed leaks are just a few of the issues that can arise. 

If the property falls into disrepair, the value of the estate may decrease, ultimately reducing what the beneficiaries receive. Executors could be held accountable for failing to take reasonable steps to protect the property. 

Equally, allowing someone to live in the property without proper oversight could lead to complications. For example, if they damage the home or refuse to leave once the estate is ready to be distributed, this could result in delays or even legal action. 

So, can a house be occupied while in probate? Yes, but only under the right conditions. Executors must tread carefully, balancing the practical benefits of occupancy with their legal obligations to protect the estate. Good communication, clear agreements, and sensible property management will go a long way in preventing problems further down the line.