The Vacant Home Liability: Why “Deferred Maintenance” is a Legal Risk

December 30, 2025

In probate cases, the real property often sits vacant for months during the administration process. To a general real estate agent, a vacant house is just an empty listing. To a probate specialist and, crucially, to the probate attorney, a vacant house is a liability magnet that can jeopardize the estate’s finances and the executor’s fiduciary duty.

 

The Hidden Dangers of Property Vacancy

 

  • Insurance Voidance: Many standard homeowner policies automatically void coverage if a home is vacant for more than 30 or 60 days. If a fire or severe pipe burst occurs during that void period, the financial loss falls squarely on the estate. We coordinate with the executor to ensure the policy is updated to a “Vacancy Policy.”

 

  • Squatters and Vandalism: An unmonitored home is a target for squatters, copper thieves, and vandals. In California, removing a squatter is a civil nightmare that can delay the closing by months, impacting the entire administration timeline.

 

  • Undetected Damage: A small pipe leak in a vacant home can turn into a severe mold remediation project that costs the estate tens of thousands.

 

Our Protocol: Boots on the Ground and Risk Mitigation

 

We don’t just list the home; we monitor it. Our full-service protocol includes conducting weekly visual inspections, verifying that utilities are working, and ensuring the property looks “lived in” (lights on timers, mail collected, landscaping maintained) to deter bad actors. We protect the physical asset so you, the attorney, can focus on protecting the estate legally. This proactive management mitigates the risk of unforeseen losses.

 

If you are administering an estate with a vacant property, mitigate liability immediately. Schedule a complimentary consultation to review our property management and risk mitigation protocol. We also provide an integrated Mobile Notary Service for swift legal document execution.