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Does homeowner’s insurance automatically transfer to a new owner, beneficiary, or executor after the insured homeowner’s death?
First, it’s important to know who an insured is. Most policies define an insured as the “named insured” whose name is shown in the Policy Declarations and, if a resident of the same household, the spouse, a civil partner by civil union licensed and certified by the state, a domestic partner, and so long as they remain a resident of the residence premises, the insured’s relatives and any other person under the age of 24 who is in the care of any person described as an insured. It’s best to review the specific policy for the definition of who is an insured.
So, once the named insured dies, their homeowner’s insurance policy typically remains in effect. Of course, the policy may be cancelled if the premium is not paid. Also, if there is a covered loss after the insured’s death, filing a claim and getting payment can be complicated and time consuming if the insurance company has not been notified of the insured’s death. It’s best to notify the insurance company or their agent as soon as possible after the insured’s death.
If there is no one meeting the definition of an insured residing in the home at the time of the named insured’s death, coverage may be extended to the deceased insured’s legal representative, but only with respect to the premises and property of the deceased covered under the policy at the time of their death. And with respect to the named insured’s personal property, the person having proper temporary custody of the property until appointment and qualification of a legal representative.
Also, many policies require the deceased insured’s legal representative to notify the insurance company within 30 days that the homeowner died — otherwise they may cancel the policy and the home will be without coverage. The legal representative will be asked to provide a death certificate.
Another concern is if the home is vacant following the insured’s death. Most insurance companies limit, or will eliminate, coverage if the dwelling is vacant for more than 30-60 consecutive days. Since probate and settling the estate could take months, it may be necessary to purchase a vacant home policy or for the legal representative to consider living in the house periodically.
The best course of action is to be proactive and prepared. If you are a beneficiary of a home asset, it’s important that you take the steps ahead of time, if possible, to understand the insurance policy and the probate process.
Remember, the best course of action is to: inform the insurance company by sending a death certificate as soon as possible; follow up with a phone call and check all relevant details about the policy and know how to file a claim; get a policy in your own name if possible; keep a copy of the latest insurance policy with the will and other important documents.
This is not meant to be legal advice or a complete discussion of the topic. For more information about your unique situation, contact your professional advisor.
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Address: 11001 W 120th Ave. Suite 400 Broomfield, CO 80021-3493
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