Who is responsible for a property during probate? 

When someone passes away, one of the biggest questions for loved ones is: who is responsible for their property during probate? And more specifically, who owns a property during probate?

This guide breaks down the legal and practical responsibilities, focusing on the role of the Executor, who pays for upkeep and bills, and what rights beneficiaries have while probate is ongoing. 

Executor’s role: Who takes charge? 

During probate, the Executor (or Administrator if there’s no Will) is legally responsible for the estate, including any property. 

They don’t own the property in the usual sense, but they have a legal duty to manage it on behalf of the estate and its beneficiaries. This includes: 

• Securing the property

• Arranging valuations

• Deciding whether to sell or transfer ownership

• Making sure any mortgage or insurance is in place 

Until the Grant of Probate (or Letters of Administration) is issued, the Executor has limited powers, but they can still take essential steps to protect the property. 

Maintenance and security: Keeping the home safe 

An empty property can quickly become a risk. The Personal Representative (PR) is responsible for making sure it’s maintained and secure during probate. 

Key tasks include: 

• Changing the locks (especially if keys were widely available)

• Checking on the property regularly

• Arranging vacant property insurance

• Keeping up with garden and exterior maintenance

• Dealing with any urgent repairs (e.g., leaks, broken windows)

These actions are part of the PR's duties to preserve the estate’s value; they’re not just optional extras. 

Paying bills and liabilities 

Any costs linked to the property during probate, such as insurance, utilities, Council Tax, or mortgage payments, should be paid from the estate’s funds, not the PR's money. 

It’s a good idea for the PR to: 

• Notify utility companies and the council of the death

• Ask about any reduced rates (e.g., an empty property discount on Council Tax)

• Set up a separate Executor’s bank account to manage estate funds

If the estate is cash-poor but asset-rich, the Executor may need to consider a short-term loan or arrange a property sale sooner rather than later. 

Legal title vs beneficial ownership 

Here’s where things get a bit more technical. 

• Legal title stays with the deceased until probate is granted
• Beneficial ownership means the right to benefit from the property, and that passes to the beneficiaries under the Will (or the rules of intestacy)

Once probate is granted, the Executor can transfer the legal title to the beneficiaries or sell the property and distribute the proceeds. But until then, the beneficiaries have no legal control over the home. 

Can beneficiaries act before probate? 

In short, no, even if the Will says “the house goes to my daughter,” she can’t legally take ownership or start making decisions about the property until probate is granted. 

This means: 

• Beneficiaries can’t move in or rent out the home

• They can’t put it on the market without the Executor’s involvement

• They shouldn’t make changes or remove items from the property 

That being said, beneficiaries are entitled to updates from the Executor, and good communication can help avoid misunderstandings or disputes. 

Who is responsible and who owns the property during probate? 

Until probate is granted, the PR is responsible for the property. They manage it on behalf of the estate and its beneficiaries. 

They must: 

• Keep it safe and insured

• Handle costs from the estate’s funds

• Decide whether to sell or transfer it after probate is granted 

If you're an Executor or a beneficiary, it's important to understand these responsibilities clearly, not just to stay within the law, but to ensure the estate is protected and probate runs smoothly.