What happens to an empty house during probate?

• During probate, an empty house is legally held as part of the estate. 
• It can be an unexpected cost for executors as ongoing maintenance and bills can add up quickly.
• For estates that don’t have cash to hand to cover these payments, Provira’s Estate Advance can provide a financial lifeline.

When someone dies and leaves behind an empty house, their property is legally held as part of the estate during probate. 

The executor must manage and protect it until probate has been granted. Only then can it either be passed to a beneficiary, or sold.

As property often comes with various costs, it can prove to be a complicated asset to manage during probate.

Navigating this process is challenging at the best of times. During grief? It can be overwhelming. 

That’s where Provira’s loans offer a simple way forward.

Our Estate Advance allows executors to cover any urgent estate expenses by giving access to up to 50% of the net value of the estate within days. 

Not only this, but we only charge simple interest, not compound interest, don’t charge for early repayment fees, and don’t require monthly repayments. Instead, the estate pays us back in full as soon as funds are available.

Plus, we dedicate a member of our team to manage each case from start to finish, so you know you’re being guided by a trusted pair of hands.

Get started on your loan by reaching out to our team today.

Who owns a house during probate?

The estate owns a house during probate. It’s not owned by one individual, or by the executor personally. 

Until probate has been granted, it remains in the estate and can’t be sold, transferred in ownership or distributed to beneficiaries. 

Probate is the administrative process where a person is given the legal right to deal with the estate of a deceased person. The person responsible is named as an executor in the deceased’s will, and they must act on the estate’s behalf by applying for the Grant of Probate. 

If there is no will, a close relative will have to apply for Letters of Administration which gives them the same authority. 

Before either of these processes has been completed, a house must remain in the estate.

However, although they don’t own any part of it during probate, the executor is also responsible for ensuring that everything within the estate is managed correctly. This includes general upkeep of assets, most notably property, and this upkeep comes with a cost.

Can a house be occupied while in probate?

Yes, a house can be occupied during probate, but only under specific circumstances. 

For example, if the executor had been living in the house before the date of death, it’s not a problem. If not, they would need the permission of the beneficiaries to stay there while probate is ongoing. 

If the house had pre-existing tenants, lodgers or dependants, they would be able to stay if they got consent from all those associated with the estate. 

And if it is occupied, a house can’t be altered during the probate process in any way. This is due to the property essentially being frozen while valuations take place and paperwork is published. 

The upside to this is that having it inhabited keeps it in a good condition, and there is always someone around to keep an eye on any maintenance.

It’s more likely though, that a property sits empty after someone has died. And that’s more of a concern for executors. 

From physical maintenance to ongoing utility bills and specialist insurance, the cost of upkeep can add up, and fast.

And for estates that don’t have the cash immediately available to cover this, executors can find themselves under immense emotional and financial strain.

This is where Provira’s Estate Advance can help lift some of that weight off your shoulders. 

Through our loan you:

• Can access up to 50% of the net value of the estate within days. 
• Only pay simple interest, not compound interest, so you’re not paying interest on top of interest
• Don’t face any personal liability, the loan is secured entirely against the estate
• Hand over all communication so we deal with solicitors directly
• Won’t be charged early repayment fees
• Don’t have to worry about monthly repayments. We are repaid in full once the probate is complete and funds have been released
• Have an underwriter dedicated to your case from start to finish

Struggling to cover estate administration costs? Get started on your loan today. Our team is here to help.

What does an empty house cost during probate?

During probate, an empty property costs more than most executors expect. 

The estate is required to cover all ongoing costs associated with maintenance, insurance and bills. Let’s walk through what these might look like.

Security and maintenance

If a property is left empty, they can deteriorate significantly. Damp, mould, and pests can all crop up inside, while outside, gardens and land can grow out of control and end up needing professional clearance. For these reasons, executors need to arrange regular checks and keep up a basic level of maintenance, which often comes at a cost. 

Specialist insurance

As insurance is often tied to the home owner, if they die it can become invalid. And an empty home needs a specific type of plan to be covered by insurance. Though a short term cost that many executors don’t account for, putting a plan in place will inevitably save you money in the long run.

Utility bills

While council tax is often exempt during probate, outstanding costs and other bills must be covered by the estate. If the probate timelines end up sitting at the longer end of the scale, it can put a significant dent in the estate’s finances.

These costs gradually reduce the estate’s value and often need to be paid at a time when no funds are yet available to cover them. 

If this sounds like your situation, read more about how our Estate Advance can help.

Does an executor need probate to sell a house?

Yes, in pretty much every case, an executor must have been granted probate before they can sell a house. 

The house can still be put on the market and viewed by potential buyers, but the sale cannot legally take place until the probate process is complete.

This can be a positive step forward for many families as they can move forward with part of the process at least. 

The only slight exemption is for when property is jointly owned. In this case, the property would pass automatically to the surviving owner without having to go through the probate process whatsoever. 

But for any other transfer of ownership, probate must be completed before an executor can sell a house. 

We know this can be infuriating for families, particularly when it comes to paying off urgent expenses like maintenance fees and an Inheritance Tax (IHT) bill. 

This is one of the most common challenges executors face. And figuring out how to overcome it whilst navigating grief can be a heavy burden to bear. 

Luckily, our Estate Advance provides a simple financial solution.

Offering access to up to 50% of the net estate value, it means executors are able to cover all urgent costs and keep the probate process moving, shortening the timeline to when probate is complete and they’ll be able to sell a house.

If you’re struggling to cover urgent estate expenses, reach out to us today. We’re here to help.

How long can a house sit empty during probate?

There is no legal limit to how long a house can sit empty during probate. But the reality is the longer it takes, the more it will cost the estate. 

Probate applications can take anywhere between six months to a year, often longer for particularly complex estates. 

Delays can be caused by estate complexity, will disputes, missing documentation or even slow processing at the Probate Registry. 

And for as long as the process is ongoing, the costs of maintaining an empty house continue to build up.

When you combine them all, having an empty house during probate can pose a significant financial challenge for the estate to navigate.

How Provira can help

Having an empty house during probate might not seem like too much of a financial issue at first, but the hidden cost of upkeep can catch executors off guard. 

Particularly when probate can take months to be granted, extending the amount of time the costs have to be covered for.

Our Estate Advance is designed for exactly this scenario. When estates find themselves low on cash but faced with urgent bills they need to cover.

Through our loan, we offer:

• Up to 50% of the net estate value within just a few days
• To work directly with solicitors and make sure your costs are covered when they need to be
• Simple interest charges, not compound
• No early repayment fees
• A supportive member of our team to guide you through your case from start to finish.

Start your application for an Estate Advance today