Why It’s Important for a Personal Representative to Secure the Home After Death

When someone passes away, their home instantly becomes more than just a piece of property—it becomes one of the most important assets in their estate. For the personal representative (also known as the executor), securing that home is a crucial first step in protecting the estate’s value and fulfilling their legal duties.

In many cases, the deceased’s will contains specific language granting the personal representative the authority to take possession, secure, and manage the property. Without prompt action, the home and everything inside it can be at risk.

The Personal Representative’s Authority

Under Florida law (and in many other states), a will often includes language such as:

“My Personal Representative shall have full power and authority to take possession of, secure, maintain, and manage any real property belonging to my estate, including my primary residence, until such time as it is distributed or sold.”

This provision gives the personal representative clear authority to:

• Change locks if necessary
• Restrict access to the property
• Arrange for maintenance or repairs
• Pay utilities and insurance from estate funds
• Decide when and how to sell or distribute the property

Without this express authority in the will, the personal representative’s ability to act may be limited until the court formally grants them powers through letters of administration.

Why Securing the Home Matters

1. Prevent Theft or Unauthorized Access

Unfortunately, vacant homes can attract unwanted attention—whether from strangers, distant relatives, or even acquaintances who think they have a claim to the property. Changing locks, setting alarms, and limiting access helps protect both the home and its contents.

2. Preserve the Condition of the Property

Unoccupied homes deteriorate faster. Without regular upkeep, issues like water leaks, pest infestations, or mold can cause significant (and expensive) damage. The personal representative is responsible for preserving the property’s value for the estate’s beneficiaries.

3. Maintain Insurance Coverage

Many homeowners’ insurance policies have clauses that limit coverage for vacant homes. Taking swift action to inform the insurance company and maintain adequate coverage is critical to avoiding costly losses.

4. Document the Home’s Contents

The home often contains personal property—furniture, jewelry, family heirlooms, and important documents—that must be inventoried for probate. Securing the premises ensures that these items can be cataloged without risk of disappearance or damage.

Steps a Personal Representative Should Take Immediately

1. Locate the Will and Confirm Authority – Check for language granting authority to secure real estate.
2. Obtain Letters of Administration – This court document confirms your legal powers as personal representative.
3. Change Locks and Limit Access – Only allow entry to authorized individuals.
4. Notify Insurance Company – Update coverage for the property’s status.
5. Schedule Regular Checks – Visit or arrange inspections to ensure the property remains in good condition.

Bottom Line

Securing the home is one of the first and most important responsibilities of a personal representative. With clear authority from the will—and prompt action—you protect the estate’s assets, fulfill your legal duty, and help ensure a smoother probate process for everyone involved.

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