Executor Handbook NSW | The House: Managing Property During Probate
The house is usually the estate's biggest single asset and the one that causes the most expensive surprises. This chapter runs through the practical and legal side of managing property from the moment of death through to sale or distribution.
For a more detailed breakdown of your legal obligations as executor, read executor property responsibilities in NSW. This chapter is the practical handbook version.
Ring the Insurer This Week
Call the home insurer on the first day you can face it. Tell them the owner has passed. Then ask specifically about unoccupied-property cover.
Most home policies lapse automatically once a property has been unoccupied for 60 days. Some lapse sooner. You can usually extend cover, but only if you ask. This is how families end up uninsured against a burglary or a burst pipe. The policy was there. The clause they never read wasn't.
The unoccupied-property clause is one of the most overlooked items in estate administration. Ring the insurer this week, even if nothing else has been done yet.
Utilities
Keep the power, gas, water, and internet on until the property sells or transfers. You'll need running water and electricity for inspections, maintenance, and cleaning.
Transfer the billing into the estate's name. Each provider will want a death certificate. This takes a phone call or two but it's important to do it early.
Council, Strata, and Mail
Council rates and strata fees keep running. Redirect the bills to yourself or to a managing agent. The estate pays them.
Australia Post does mail redirection for about $75 for three months. Send it to your own address. Do this in the first few weeks. Mail stacking up at the house is both a security risk and a guarantee you'll miss something important: a tax notice, an insurance renewal, a missed super payment.
Security
If a lot of people had keys (carers, cleaners, extended family, friends of the family), change the locks. It costs about $150. It's worth it.
A timer-controlled lamp in a front window helps. A trusted neighbour keeping an eye on the place helps more. The biggest deterrent to trouble is a house that looks lived in.
Regular Inspections
Visit the property regularly. Quarterly is reasonable for a property in good condition. Monthly for properties that need more attention.
Walk through, check for obvious issues (leaks, pests, security problems), and keep a record. Take photos. These records protect you if a beneficiary later questions whether you've maintained the property properly. For detailed guidance on vacant property maintenance, see our property maintenance guide.
Maintenance
You must maintain the property to a reasonable standard. This includes:
- Regular lawn and garden maintenance (overgrown properties attract pests, vandalism, and adverse possession claims)
- Gutters and downpipes (water damage is expensive; neglected gutters cause foundation issues)
- Roof inspections (loose tiles, leaks, damage)
- Pest control (termites, rodents, cockroaches are expensive to treat once established)
- Weatherproofing (sealing holes, repairing broken windows)
- Pool maintenance if applicable (neglected pools become breeding grounds)
- Heating and cooling systems (need periodic operation to prevent seizing)
- Electrical and plumbing checks (leaks and electrical faults are fire hazards)
Maintenance is cheaper than repair. A neglected property can lose 10-20% of its value in 12 months. You're liable for that loss if it's due to your negligence.
Document Everything
As executor, you're required to keep records that show you've acted properly. This includes:
- Photos and condition reports from property inspections
- Insurance documentation and premium receipts
- Maintenance invoices and records
- Security reports or police notifications
- Communication with beneficiaries about the property's status
- Repair quotes and decisions about what work to do
If a beneficiary later claims you've mismanaged the property, these records are your defence.
To Rent or Not to Rent
Almost always, no. Not before probate is granted, and rarely even after.
A tenancy is hard to end, and it complicates the eventual sale. Tenants have legal rights. If you need to sell the property and the tenant doesn't want to leave, it drags the timeline and reduces the sale price. If the holding costs are really crushing the estate, raise it with your solicitor before you do anything.
FAQ
When should I arrange a professional property inspection?
Within 30 days of death. An inspector or surveyor can create a baseline condition report. If the property deteriorates later, you can prove it wasn't your negligence. It's a small investment that protects you significantly.
What if the property is in bad condition?
Document it thoroughly. Take photos. Get a professional assessment. If it requires major repairs, decide: do you repair before selling, or sell as-is? For complex properties, this is where a property specialist can help. Phone 0428 613 163 if you need advice.
Who pays for maintenance and repairs?
The estate pays. These are administration costs. Keep all receipts and invoices. The solicitor will help you account for these when you distribute the estate.
Can I get a reverse mortgage on the property?
Generally no, not while you're still executor. Once the estate is distributed, the beneficiary who inherits the property can explore their options.
What about rates and council charges during probate?
The estate is liable. The council will usually accept the death certificate and let you redirect the account. Keep paying these. Unpaid rates can complicate selling the property.
Next: The Belongings
Managing the contents of the house requires a different approach. Inventory first, clearing second.
Read about handling the belongings
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If managing the property is overwhelming, especially if clearing, repairs, or stabilisation are needed, I specialise in exactly this work. Phone 0428 613 163 or email info@aegispropertyconsultants.com.au.
Preserve, Protect & Maintain.