Question
Can you file a homeowners insurance claim on a deceased person’s policy?
My dad passed away two months ago and owned his home outright. A storm recently damaged the fence and the garage. His homeowners insurance policy is still in his name. Can I still file a claim, and if it gets paid out, who does the check go to?
Answer
Yes, you can still file a claim under your father’s policy, and it’s good that you’re asking sooner rather than later.
Homeowners insurance policies typically remain in force after the policyholder dies as long as the premium is paid and the insurance company is notified promptly. The estate essentially steps into the policyholder’s shoes at that point, which means the policy may need to be updated to reflect the estate’s name or the executor’s name. The sooner you reach out to the insurer, the smoother this tends to go. You’ll likely need a copy of the death certificate and some documentation showing your role in the estate.
According to Nolo, the executor or personal representative has the authority to file claims and maintain the homeowners policy on behalf of the estate. If no executor has been formally appointed yet, call the insurer anyway and explain the situation. They deal with this more than you might think and can walk you through what they need.
If the claim is approved, the payout check will likely be issued to the estate rather than to you personally. The executor should be able to manage that as part of their role, but if you have specific questions, an estate attorney is your best resource since there can be nuances depending on your state, the insurer, and how the property is legally held.
One important thing to ask about when you call: vacancy. If the home is sitting empty, many standard policies limit or reduce coverage after 30 to 60 days, since an unoccupied home carries more risk. It’s worth asking specifically about this.
Once ownership is settled, whoever inherits the home will need to secure a new homeowners policy in their own name. I’d recommend keeping the insurance company, the estate attorney, and the executor all in the loop so nothing falls through the cracks.
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