The short version: most standard homeowner insurance policies restrict or void coverage once a home has been vacant for a set period — commonly somewhere around 30 days, though this varies by insurer and policy. If a home sits empty during probate, a committeeship process, or simply while a family sorts out what to do next, this needs active attention, not an afterthought.
Why vacancy changes the insurance picture
Insurers treat vacant homes as meaningfully higher risk — nobody is there to notice a burst pipe, a break-in, a roof leak, or a small fire before it becomes a major loss. Standard policies are priced and underwritten assuming regular occupancy, and many include a vacancy clause that reduces or eliminates coverage once the home has been empty past a certain point. This is worth flagging to the existing insurer immediately once a home becomes vacant — not months later when a claim is being made and the policy turns out not to have actually been in force.
What executors and committees typically need to do
- Notify the existing insurer that the home is now vacant, and ask directly whether coverage is affected
- Consider a dedicated vacant home insurance policy, designed specifically for this situation — these exist precisely because standard policies often don't adequately cover an empty property
- Arrange regular check-ins — a neighbour, a property manager, or regular visits by the executor/committee — since many vacant-home policies require evidence of regular inspection to remain valid
- Address obvious risk factors: shutting off water if appropriate for the season, securing the property, maintaining basic yard upkeep so the home doesn't visibly read as abandoned
Why this matters for the sale itself: a neglected vacant home doesn't just carry insurance risk — it can lose real market value if it sits visibly empty and untended while probate or a court process plays out. Mark Jontz routinely advises families on practical steps to protect both the insurance position and the home's eventual sale value during this waiting period, since the two are more connected than people expect.
Timing with the eventual sale
Because probate and committeeship processes can take real time, a home may need to sit vacant for months before a sale can proceed. Getting the insurance situation sorted properly at the start avoids a much worse problem later — discovering a claim won't be honoured after something's already gone wrong.
This page provides general information and is not legal advice. Every situation is different — please consult a lawyer or notary about your specific circumstances.