Lock, List and Protect: Securing an Estate’s Property

The front door was unlocked when the executor arrived.

Inside, several relatives were sorting through drawers. One had placed a box of photographs in the car. Another had taken the deceased’s laptop “for safekeeping.” Someone else was looking for jewellery that had supposedly been promised years earlier.

Nobody believed they were stealing. Each person thought they were helping, preserving memories or collecting something that rightfully belonged to them.

For the executor, however, the situation was becoming dangerous.

Until ownership and entitlement have been confirmed, the deceased’s home and belongings must be protected. The executor is responsible for identifying, securing and ultimately dealing with estate assets in accordance with the valid will and New Zealand law. That responsibility includes far more than locking the front door.

It may require changing locks, notifying insurers, recording valuable items, preventing informal distributions and distinguishing estate property from assets owned jointly, through a trust or by someone else.

The first goal is not to decide who gets what. It is to preserve everything long enough for the correct decisions to be made.

## Why Securing the Home Cannot Wait

Probate may take weeks or months, but burglars, leaking pipes and family disagreements do not wait for a court grant.

An executor named in a will may need formal probate before institutions will accept their authority for major transactions. Even so, urgent protective steps should be taken immediately. New Zealand estate administration requires the executor or administrator to identify and gather the deceased’s property, which may include assets held locally or overseas. citeturn472354search6turn472354search15

An unsecured property can expose the estate to:

– Theft or vandalism
– Weather damage
– Fire or flooding
– Insurance problems
– Unauthorised occupation
– Missing documents
– Removal of sentimental belongings
– Disputes about who took particular items
– Declining property value
– Claims that the executor failed to protect the estate

Executors are not expected to prevent every possible loss. They are expected to take reasonable protective measures once they know, or should know, that action is required.

## Start With Access Control

The first practical question is simple: who can get inside?

The deceased may have given keys to relatives, neighbours, cleaners, caregivers, tenants, tradespeople or friends. Spare keys may be hidden outdoors or stored in vehicles.

Create an access record containing:

– Every known key
– Who currently holds it
– What door, gate or building it opens
– Whether alarm codes are known
– Whether garage remotes exist
– Who has recently entered the property
– Whether anyone else has permission to remain there

Ask key holders to return keys promptly unless they have an ongoing reason to access the property.

Where keys cannot be accounted for, changing or rekeying the locks may be appropriate. This is particularly important when:

– The property will be empty
– Valuable belongings remain inside
– Family conflict has begun
– An unknown person may hold a key
– A former partner or flatmate has moved out
– Items have already disappeared
– The executor cannot control access reliably

Changing the locks is not an accusation. It is a protective measure that creates a clear starting point for estate administration.

Keep the locksmith’s invoice and record the date the locks were changed.

## Do Not Lock Out a Lawful Occupant Without Advice

Securing an estate does not mean removing everyone from the home.

A surviving partner, tenant, flatmate, family member or person with a legal right to occupy may still be living there. Their rights do not disappear automatically when the owner dies.

Before changing locks in a way that excludes an occupant, establish:

– Who owns the property
– Whether it was occupied jointly
– Whether a tenancy exists
– Whether the person has a licence or right of occupation
– Whether the will grants someone a right to remain
– Whether relationship-property rights may apply
– Whether a protection order or other legal arrangement exists

A surviving partner may have rights that affect whether the entire home forms part of the estate. New Zealand relationship-property law can give the surviving partner a prior claim to their share of relationship property, meaning the deceased cannot necessarily dispose of the partner’s share through the will. citeturn472354search34

An executor should protect property without using the role as authority to settle a housing or relationship dispute personally.

## Notify the Insurer Immediately

Insurance is one of the most important and most frequently overlooked parts of securing an estate.

A policy may contain requirements relating to:

– The death of the policyholder
– A change in occupancy
– The home becoming unoccupied
– Regular property inspections
– Alarm systems
– Heating or water supplies
– Storage of valuables
– Renovation or maintenance
– Who may drive insured vehicles

Contact the insurer promptly and explain the situation accurately. Ask for written confirmation of any new conditions.

The insurer may require someone to inspect the property at regular intervals. Each visit should be recorded with the date, the visitor’s name and any issues found.

Do not assume that an existing policy continues unchanged simply because premiums are still being deducted. Equally, do not cancel cover because the property will eventually be sold.

A single uninsured fire, flood or burglary can remove a substantial part of the beneficiaries’ inheritance.

## Complete an Initial Safety Inspection

Walk through the property methodically.

Look for immediate risks such as:

– Unlocked windows
– Water leaks
– Appliances left operating
– Perishable food
– Damaged electrical fittings
– Open fires or heaters
– Blocked gutters
– Broken glass
– Signs of forced entry
– Uncollected mail
– Unsecured medications
– Hazardous tools or chemicals
– Firearms or other regulated items

Urgent hazards should be addressed, but the executor should avoid unnecessary renovation during the protective stage.

Repairing a burst pipe is preservation. Replacing an outdated kitchen because it might make the house more attractive is a larger administration decision that should wait until authority, value and the intended sale process are clear.

Photograph damage before arranging repairs. Keep quotations, invoices and communications with tradespeople.

## Create a Room-by-Room Inventory

An estate inventory is more reliable when completed before belongings are moved.

Begin at the front entrance and work through every room, cupboard, garage, shed and storage area. Record items that may have financial, sentimental or evidential value.

The inventory may include:

– Furniture
– Jewellery
– Artwork
– Collectibles
– Electronics
– Tools and machinery
– Vehicles and spare keys
– Important documents
– Cash
– Precious metals
– Cameras
– Musical instruments
– Antiques
– Family heirlooms
– Business equipment
– Stored goods
– Digital devices

You do not need to assign a precise value to every plate or towel. Concentrate on items that are valuable, specifically gifted, unusual or likely to cause disagreement.

For significant items, record:

– A clear description
– Brand, model or serial details where relevant
– Physical condition
– The room where it was found
– A photograph
– Any known ownership dispute
– Whether it was removed for secure storage
– Its new location

Make a backup of the inventory and photographs. Do not store the only copy on a device kept inside the empty house.

## Use Photographs and Video Properly

A slow video walkthrough can capture the general condition of the home, but it should not replace a written inventory.

Photograph rooms before moving items. Take additional close-ups of jewellery, collections, electronics and damage.

Where possible, include:

– The full item
– Identifying marks
– Serial numbers
– Existing scratches or damage
– Packaging or authenticity documents
– The original storage location

Avoid posting photographs in family group chats unless there is a clear administrative reason. Images of valuables can create security risks and encourage informal claims before the will has been reviewed.

## Secure Cash, Jewellery and Portable Valuables

Leaving easily removed valuables in an empty house may be unreasonable.

Cash, jewellery, precious metals, important documents and small collectibles may need to be transferred to secure storage.

Whenever an item is moved:

1. Photograph it in its original location.
2. Record its description.
3. Have another responsible person witness the transfer where practical.
4. Record the date and reason for removal.
5. Place it in suitable secure storage.
6. Keep access restricted.
7. Update the inventory.

Do not place estate valuables in an executor’s bedroom drawer and rely on memory. That creates avoidable suspicion even when the executor acts honestly.

Any storage cost should be documented as an estate expense.

## Preserve Documents Before Clearing Anything

A house that appears full of worthless paper may contain the information needed to find substantial assets.

Preserve:

– The original will and codicils
– Bank statements
– Insurance policies
– Tax records
– Loan documents
– Property records
– Shareholding information
– Trust documents
– Business accounts
– Vehicle papers
– Safe-deposit information
– Password instructions
– Legal correspondence
– Receipts for valuable belongings
– Records of debts owed to or by the deceased

Do not shred or discard paperwork during the early clean-up.

Even unopened mail can reveal investments, liabilities, subscriptions or overseas assets. Executors are expected to identify the estate’s property, including by reviewing papers and contacting financial institutions and other relevant organisations. citeturn472354search15

Documents should be stored securely and organised by category.

## Control Access Without Creating Family Hostility

Family members may see restrictions as evidence that the executor does not trust them.

A calm explanation can prevent that reaction:

“The home and everything inside must be recorded before anything is distributed. Nobody is being accused of wrongdoing. The same process applies to everyone.”

Create a simple access policy:

– Entry must be approved by the executor.
– Visits should occur at agreed times.
– Nobody removes property without written authorisation.
– Valuable areas remain locked.
– The executor records what is moved.
– Contractors are supervised where appropriate.

Where conflict is likely, have two people present during visits.

Do not give one beneficiary unrestricted access while excluding another without a defensible reason. Unequal access can create allegations of favouritism or missing property.

## Stop Informal Distribution

Statements such as “Dad said I could have it” may be sincere. They are not enough to justify immediate removal.

The executor must first determine:

– Whether the item belonged to the deceased
– Whether it is specifically gifted under the will
– Whether a later will or codicil exists
– Whether the gift has legal effect
– Whether the item must be sold to pay debts
– Whether another person claims ownership
– Whether the estate is solvent

A will can include specific gifts, but the executor must still gather and control the estate before completing distribution. The broader executor role is to control and distribute the estate according to the will, not according to informal pressure from individual relatives. citeturn472354search1turn472354search2

Even low-value items should not be removed secretly. Sentimental property often causes more conflict than money because it cannot be divided easily or replaced.

## Handle Alleged Gifts Carefully

A family member may say that the deceased gave them an item before death.

That creates an ownership question rather than merely a beneficiary request.

Ask:

– When was the gift supposedly made?
– Was the item delivered?
– Did the deceased continue using or controlling it?
– Is there written evidence?
– Did anyone witness the gift?
– Was the transfer legally completed where formalities were required?
– Is the item still listed as belonging to the deceased?

Do not decide the dispute based on who seems more convincing at a tense family meeting. Preserve the item while evidence is gathered.

## Check Ownership Before Listing an Asset

Everything inside the home does not necessarily belong to the estate.

The property may include:

– A surviving partner’s belongings
– Items borrowed from relatives
– Leased equipment
– Business property
– Trust-owned assets
– Goods subject to finance
– Tenant possessions
– Items held for someone else

Label disputed or third-party property separately. Do not sell it until ownership is resolved.

The same principle applies to the house itself. Sole ownership, joint tenancy, tenancy in common, trust ownership and company ownership can produce very different estate consequences.

## Protect Digital Assets and Devices

Computers, phones and storage devices may contain:

– Asset records
– Photographs
– Business information
– Cryptocurrency access details
– Copyrighted work
– Subscription accounts
– Correspondence about debts
– Digital wills or scanned documents
– Password-management records

Do not wipe, sell or reset devices during the initial administration.

Disconnecting a device from the internet may sometimes protect it from remote access, but technical steps should be proportionate and carefully documented.

An executor should not impersonate the deceased, send messages from their accounts or bypass security unlawfully. Access rights can depend on the service terms, the type of information and the executor’s formal authority.

Preserve the device and seek specialist advice where significant digital value may exist.

## Deal With Vehicles and Equipment

Record each vehicle’s:

– Registration
– Make and model
– Location
– Mileage
– Condition
– Keys
– Insurance
– Finance
– Regular user
– Storage arrangements

Do not allow beneficiaries to begin using a vehicle because they expect to receive it. They may not be insured, and the vehicle may need to be sold.

Move vehicles only where necessary for security, maintenance or insurance compliance. Keep them registered, warranted and insured where appropriate until a proper decision is made.

Farm machinery, business tools, boats and trailers require the same care.

## Maintain the Property Without Improving It Excessively

The executor should preserve value, but this does not automatically justify expensive improvements.

Appropriate early expenditure may include:

– Emergency plumbing
– Replacing a broken lock
– Weatherproofing
– Pest control
– Lawn maintenance
– Alarm monitoring
– Essential cleaning
– Removing spoiled food
– Preventing mould or moisture damage

More substantial work may require:

– Probate
– Co-executor agreement
– Valuation advice
– Confirmation that the estate is solvent
– Consideration of whether the house will be sold or transferred

Keep before-and-after photographs and obtain reasonable quotations.

## Create a Chain of Custody

Whenever important property changes location, the executor should be able to explain where it went.

A simple asset movement register can record:

– Item
– Original location
– Date removed
– Person removing it
– Reason
– New location
– Witness
– Date returned, sold or distributed

This is especially useful for jewellery, documents, electronics, artwork and firearms.

A clear chain of custody protects the executor against allegations that an item disappeared while under their control.

## What Happens If Something Is Already Missing?

Do not begin with accusations.

Check:

– Whether the deceased sold or gave away the item
– Whether it was placed in storage
– Whether another person owned it
– Whether photographs confirm it was recently present
– Who had access to the home
– Whether receipts or insurance schedules identify it
– Whether burglary or unexplained entry occurred

Ask for information in writing. Preserve security footage and access records where available.

If theft is reasonably suspected, report it to the appropriate authorities and insurer promptly. Do not conceal the loss out of fear that beneficiaries will blame the executor.

## The Standard Is Reasonable Protection

Executors sometimes become so afraid of liability that they believe every possession must be guarded around the clock.

That is not usually necessary.

The practical standard is reasonable care in the circumstances. A modest home containing ordinary belongings requires different measures from a property containing a valuable art collection, commercial equipment or large amounts of cash.

Relevant factors include:

– The value and portability of the assets
– The location of the property
– Who has keys
– Existing family conflict
– Insurance requirements
– The period the home will be empty
– Evidence of attempted entry
– The physical condition of the building

The executor should be able to explain why the chosen precautions were sensible.

Good estate protection is rarely dramatic. It is a series of small, documented actions: one returned key, one room photographed, one insurer notified and one valuable item placed safely beyond casual reach.

Those steps preserve more than money. They preserve evidence, family trust and the executor’s ability to administer the estate fairly.

## Frequently Asked Questions

### 1. Can an executor change the locks before probate?

An executor may take reasonable urgent steps to protect estate property before probate, including securing doors or changing locks where necessary. Care is required if a surviving partner, tenant or another person has a legal right to occupy the property.

### 2. Can family members enter the deceased’s house?

Access should be controlled by the executor or other authorised person. Family members should not enter freely or remove items before the property has been inventoried and entitlement has been confirmed.

### 3. Must every household item be professionally valued?

No. Ordinary low-value belongings may be recorded collectively. Professional valuations are more likely to be appropriate for significant jewellery, artwork, antiques, vehicles, collections or items likely to be disputed.

### 4. What should happen to jewellery and cash?

Portable valuables should be photographed, recorded and placed in secure storage where leaving them in the home creates unnecessary risk. Their movement and storage location should be documented.

### 5. Does home insurance continue after the owner dies?

Cover should never be assumed to continue unchanged. The insurer should be notified promptly of the death and any change in occupancy. The executor must comply with conditions such as regular inspections, security measures or vacancy requirements.

### 6. Can an executor let a beneficiary use the deceased’s car?

This is generally unwise before ownership, insurance, finance and estate needs are confirmed. The car may need to be sold, and the proposed driver may not be covered by the policy.

### 7. What if a relative says an item was given to them before death?

The executor should preserve the item and investigate the alleged gift. Relevant evidence may include delivery, written records, witness accounts and whether the deceased continued controlling or using the item.

### 8. Can the executor be liable if property disappears?

Personal liability is not automatic. Risk may arise if the executor failed to take reasonable protective measures, allowed uncontrolled access or ignored a foreseeable danger. Accurate inventories, access records and insurance notifications help demonstrate responsible administration.