Probate and house clearance: what executors need to know

Being named as an executor is a responsibility, and clearing the person's home is often one of the most practical parts of it. This guide explains what executors in England should think about before, during and after a house clearance. It is general information rather than legal advice, so speak to a solicitor if the estate is complicated or family members disagree.

What an executor is responsible for

An executor is the person named in a will to deal with the estate. In broad terms, your job is to:

• find out what the person owned and owed, including the house and its contents
• value the estate and deal with any inheritance tax
• apply for probate if it is needed
• pay debts and expenses, then distribute what is left according to the will
• keep clear records throughout

If there is no will, a close relative usually applies to become the administrator and has similar duties. The government's guide to applying for probate explains who can apply and how.

Valuing the contents before anything leaves

The estate has to be valued as it stood on the date of death, and that includes household contents. For many homes, the furniture and belongings are worth relatively little. But some items can be worth more than expected, such as jewellery, watches, silver, paintings, antique furniture, clocks, collections of coins or stamps, or pieces of Whitby jet.

Because the value can affect inheritance tax, we suggest asking a qualified professional valuer or auctioneer to look at anything that might be significant before the clearance. A written probate valuation gives you a clear record if HMRC has questions later. The government also explains how to go about valuing the estate of someone who has died.

When can you clear the property?

This is one of the most common questions executors ask. As a general guide:

• Securing the home can and should happen straight away: removing cash, valuables, documents and perishable food.
• Specific gifts in the will should be kept safe for the people named, not cleared.
• General contents are usually best cleared once they have been valued, the beneficiaries have had a chance to choose items, and all executors agree.
• Selling the house can usually only be completed once the grant of probate has been issued, although many executors put it on the market beforehand.

Many executors choose to clear after probate is granted, when there is a clearer picture of the estate. Others need to clear earlier because a rented property must be handed back, or because an empty house is at risk. If you are unsure, check with the solicitor handling the estate. Our probate clearance service can work to either timetable.

Keep careful records

Executors can be asked to account for what happened to the estate, so keep notes as you go:

• a list or photos of the contents, room by room
• written valuations and sale receipts for anything sold
• a note of which beneficiary received which item
• the clearance quote, invoice and any waste transfer notes
• photos of the empty property after the clearance

Money raised from selling items belongs to the estate, and clearance costs are normally paid from the estate as an expense. Keep receipts for both.

Insurance for an empty home

Tell the home insurer about the death as soon as possible. Most buildings and contents policies have conditions once a property has been unoccupied for a certain number of days, often requiring regular inspections, the water to be drained or the heating kept on. Some insurers will not continue cover at all, in which case specialist unoccupied property insurance may be needed. Keeping to these conditions matters, because a claim for a burst pipe or break-in could be refused if they are not met.

Council tax after a death

Council tax does not simply stop when someone dies. In England, there is an exemption, known as Class F, that can apply to a property left empty after the death of the person who was liable for the bill. In broad terms, where the home stays unoccupied and the estate is responsible for the bill, the exemption can last until probate is granted and then for up to six months afterwards, provided the property is not sold or lived in during that time.

The rules have conditions and exceptions, so contact the council directly (North Yorkshire Council for homes around Whitby) to tell them about the death and ask what applies. The government's council tax pages are a good starting point. If you used the Tell Us Once service when registering the death, the council may already have been informed, but it is still worth confirming.

Choosing a clearance company as an executor

When you are responsible for an estate, it pays to ask a few questions:

• Is the quote fixed, in writing, before work starts?
• Will paperwork, photos and valuables be set aside and returned?
• Can they work with your solicitor or estate agent if you cannot be there?
• Will you receive waste transfer notes for disposal? We keep waste transfer paperwork for every job, and you are always welcome to ask to see our waste carrier registration before we start.

You can read more about how we price this kind of work on our clearance prices page.

Need a hand?

If you are an executor dealing with a property around Whitby, call 07795 010 224 or request a free, fixed probate clearance quote. We can liaise directly with your solicitor or keyholder.

Frequently asked questions