Table of Contents
- Key Takeaways
- Why Insurance Matters in California Probate
- 6 Steps to Ensure Real Estate Is Properly Insured During Probate
- Risks of Failing to Maintain Insurance
- Related Resources
- FAQ
- How The Grossman Law Firm Can Help
Key Takeaways
- Executors and administrators must protect estate property during probate, including maintaining insurance coverage on real estate.
- Active insurance protects the estate against losses from fire, theft, vandalism, or liability before distribution.
- To comply with California law, executors should review the decedent’s policy, contact the insurer, update coverage, and confirm that premiums remain current.
- The Grossman Law Firm helps executors and beneficiaries safeguard estate property throughout the probate administration process.
Why Insurance Matters in California Probate
When someone passes away, their estate enters probate, and the executor or administrator becomes responsible for protecting every asset until the court closes the estate.
Under California Probate Code §§9600–9601, the personal representative must “take possession or control of the decedent’s property” and “manage, maintain, and preserve it.” One essential part of this duty is keeping real estate insured.
If a property remains uninsured and suffers damage, the loss directly reduces what beneficiaries receive. Fires, vandalism, burst pipes, and other unexpected events can destroy the estate’s value. Proper insurance coverage ensures the estate remains financially stable until final distribution.
Attorney Scott Grossman and The Grossman Law Firm routinely guide executors and heirs across California through these responsibilities, ensuring estates remain protected and in full compliance with probate law.
6 Steps to Ensure Real Estate Is Properly Insured During Probate
If you are serving as an executor or administrator, these six steps can help you maintain proper insurance coverage on estate real property:
1. Consult with a California probate attorney
A qualified probate lawyer can explain your fiduciary duty to preserve estate assets and help you coordinate directly with insurance agents or carriers.
2. Locate the decedent’s existing homeowner’s policy
Start by reviewing the decedent’s policy documents. Some policies automatically continue after the policyholder’s death, but only for a limited period. Knowing these terms helps you act before coverage lapses.
3. Contact the insurance company
Notify the insurer of the death right away. Confirm whether the policy remains active, ask what documentation they need, and find out how to keep or renew coverage under the estate’s name.
4. Verify premium payments
Make sure all premium payments are current. If they aren’t, use estate funds to pay immediately to prevent cancellation or a lapse in coverage.
5. Obtain new coverage if necessary
If the property has no active insurance or the carrier cancels the policy due to vacancy, purchase a new policy specifically designed for estate or vacant property coverage.
6. Review and adjust policy limits
The property’s condition and use may change during probate. If the home remains vacant, is rented, or requires maintenance work, adjust coverage to reflect its current risk level. Always confirm that the policy includes adequate liability and dwelling protection.
Taking these proactive steps keeps you compliant with your fiduciary obligations and with California Probate Code requirements to preserve and protect estate property.
Risks of Failing to Maintain Insurance
If an executor or administrator lets real estate go uninsured, they may face personal liability under California law for any resulting losses.
For instance, if an uninsured property burns down during probate, beneficiaries could file a petition for surcharge in probate court, arguing that the executor breached their fiduciary duty by failing to protect estate assets.
Maintaining insurance is one of the simplest—and most effective—ways to avoid litigation, protect beneficiaries, and uphold your legal duties.
Related Resources
- Petition to Remove an Administrator of an Estate in California
- California Probate Guide: What You Need to Know
- What Are an Executor’s Duties in California?
- Can’t Afford a Probate or Trust Attorney?
FAQ
Q: Is an executor required to insure estate property in California?
Yes. Under California Probate Code §§9600–9601, executors and administrators must protect estate assets, including maintaining adequate insurance coverage for real property.
Q: What if the property is vacant during probate?
Many insurers restrict coverage for vacant homes. You may need to request a special endorsement or switch to a vacant property policy to ensure continued protection.
Q: Can insurance premiums be paid from estate funds?
Yes. Premiums are considered administrative expenses and should be paid from estate assets, not personal funds.
Q: Who files an insurance claim if damage occurs?
The executor or administrator files and manages all claims related to estate property, ensuring proceeds are properly handled for the estate’s benefit.
How The Grossman Law Firm Can Help
At The Grossman Law Firm, APC, we help executors, administrators, heirs, and beneficiaries throughout California protect estate property during probate. From maintaining insurance to addressing disputes and ensuring compliance with the California Probate Code, our team provides the legal guidance needed to safeguard estate assets and prevent costly mistakes.
Call (888) 443-6590 or fill out our Get Help Now form today.
Our Intake Specialists can evaluate your case to assess your situation at no cost to you. Qualifying cases will be scheduled for a Free Phone Consultation with Attorney Scott Grossman.
Originally Published Mar 5, 2018