Vacancy clauses: why an empty house can lose coverage
Most homeowners policies are written for a house someone lives in. Triple-I (the Insurance Information Institute) says most policies include a vacancy clause that limits or excludes coverage if the property is unoccupied for typically 30 to 60 consecutive days (Triple-I, June 2025). It describes a case where a $60,000 water damage claim was denied because of a vacancy clause.
Policies define "vacant" and "unoccupied" differently. Some count a house with furniture but no one living there as unoccupied, and one with no contents as vacant. Read the definition in your policy, and ask the insurer in writing what applies to a house that has furniture but no resident.
Massachusetts adds a second risk. The Division of Insurance FAQ says an insurer can cancel a policy during the term when physical changes make the property uninsurable, and gives as an example a home that becomes vacant for more than 60 consecutive days (Mass. DOI). The DOI also says most homeowners insurance covers "sudden and accidental" burst-pipe water damage only if the home was properly heated and not left unoccupied (Mass. DOI, Jan. 21, 2026).
Do this in week one: call the insurer or agent, say the owner has died, ask whether coverage continues for the estate, what the vacancy limit is in your policy, and whether a vacancy endorsement is available. Get the answers in writing. Do not cancel the policy.
Your insurance options for a house that will sit empty
| Option | What it is | Note |
|---|---|---|
| Keep the existing policy | Works only while the house meets the policy’s occupancy terms | Check the vacancy clause; coverage can drop after 30 to 60 days |
| Vacancy endorsement | An add-on that lets coverage continue while the house is vacant | Triple-I says some insurers offer one; ask yours |
| Vacant-dwelling policy | A separate policy for vacant homes | Triple-I says typical coverage includes water damage from plumbing or heating failures; fire, lightning, wind and hail; theft, vandalism and trespasser damage; and legal liability. Terms and exclusions vary, so read them |
| Massachusetts FAIR Plan (MPIUA) | A market of last resort for people who cannot get coverage elsewhere | The Division of Insurance lists "the property is not vacant or condemned" among its conditions, so do not count on it for a vacant house |
Ask each insurer: Does the policy cover a named insured who has died, and who is covered now? Is liability covered if someone is hurt on the property? Are there conditions on heat, inspections or water shutoff? Is a sale pending a reason for a different policy?
Heat, water and winterizing
A frozen pipe is the classic vacant-house loss. The state advises keeping the home adequately heated during extreme cold, insulating and maintaining pipes, and shutting off and covering exterior faucets (Mass. DOI).
- Heat. IBHS advises a thermostat setting of at least 55 degrees even when no one is home. If the heat is oil, check the tank and set up a delivery. If it is gas or electric, keep the account active.
- Shutting off the water. IBHS says that if you will be away longer than a week and freezing weather is ongoing or forecast, consider closing the main valve slowly and letting a couple of faucets drain on the lowest floor (IBHS). Draining a hot water heating system or a sprinkler line is a plumber’s job. Ask a licensed plumber how to winterize your system, and check whether your policy requires specific steps.
- Check the house. Visit at least weekly in winter. Walk every floor, look at the ceiling and basement for water, check the thermostat, and clear mail and flyers. Keep a log with dates and photos; insurers may ask for proof you checked.
- Snow and ice. Roof, walkways and driveway still need attention. Ask the town about sidewalk snow rules.
Utilities, mail and locks
- Electric, gas and heat: keep them on. Call each utility, say the account holder has died, and ask what the estate needs to provide to change the name. Utility rules differ by company and we did not verify them.
- Water and sewer: these bills may attach to the property, so ask the town or district. Keep them current, and ask the town about a final reading if the water will be off.
- Internet, TV and phone: cancel what you do not need, unless the insurer or an alarm company needs a line.
- Mail: only an appointed executor or administrator can have USPS forward the mail, and a death certificate alone is not enough (USPS).
- Locks: change the locks and keep a list of who has keys. A lockbox with a code you control is easier than copies of keys. Take down any spare key hidden outside.
- Alarms: keep smoke and CO alarms working. Selling a Massachusetts one- or two-family home needs a smoke and CO certificate; see smoke and CO certificate.
Property tax, and who is responsible
The tax bill does not stop. Massachusetts real estate tax bills are due July 1 for most purposes, and the statute sets interest at 14% a year on late balances (M.G.L. c. 59 s. 57). Your town may bill quarterly or twice a year; ask the town collector for the schedule and for the bill in the estate’s name. A past-due tax can later complicate a sale. See liens and judgments when selling.
Who is responsible? The estate owns the house, and the personal representative, once appointed, is responsible for protecting it and paying its costs. Before there is an appointment, a family member often steps in. Keep every receipt for reimbursement from the estate, and tell the estate attorney what you spent.
Reducing the time the house is empty reduces all of this risk. If you are thinking about selling, see what to do with a house after a parent dies, probate in Massachusetts, and inherited or probate house. You can compare a cash offer with listing at the comparison tool.