Compliance

Compliance for texting an heir without confirmed probate

Texting an heir without confirmed probate status carries specific compliance considerations, primarily around verifying ownership and consent. It is crucial to understand that this communication is not legal advice, and you should always consult an attorney for specific situations.

October 28, 2026 · 3 min read

The challenge of unconfirmed probate

When a property owner passes away, the property often goes into probate, a legal process that confirms heirs and distributes assets. Before probate is finalized, legal ownership can be murky. You might identify an heir through public records or skip tracing, but he or she might not yet have legal authority to sell.

Texting someone who is an heir but not yet the legal owner means you are communicating with a potential decision-maker, but one whose legal capacity is still in flux. Your messaging needs to reflect this uncertainty.

Consent and ownership verification

For any text outreach, you generally need consent, or at least a reasonable belief that the recipient is the property owner or has authority. When dealing with unconfirmed heirs, this is complicated. You might have found his or her number, but his or her legal relationship to the property is not yet established.

Always verify ownership through public records before reaching out. If the deed is still in the deceased person's name, you are dealing with a property in limbo. Make sure your initial text acknowledges this situation respectfully.

Messaging strategy: focus on helpfulness, not demands

Your initial text to an heir should be sensitive and problem-solving focused. Avoid aggressive or demanding language. Instead, offer assistance with the inherited property, acknowledging the challenges that often come with such situations.

A good opening might be, "I noticed the property at [address] is likely inherited. If you're exploring options for it, I'd be happy to discuss. No pressure, just offering help." This frames your outreach as a service, not a solicitation.

Avoiding "Do Not Call" list issues

Even if the heir's number is not on the federal or state "Do Not Call" lists, the deceased owner's previous DNC status might still complicate matters for calls, though texts have different rules. It is best practice to treat any unsolicited outreach, especially before probate is complete, with extreme caution.

If you receive an opt-out request from an heir, honor it immediately. Regardless of his or her legal status concerning the property, he or she has the right to stop receiving your communications. Document this thoroughly in your CRM.

Not legal advice: consult an attorney

This information is for educational purposes only and is not legal advice. The laws regarding probate, heirship, and consumer contact vary significantly by state and can be complex. Always consult a qualified real estate attorney in your jurisdiction for specific advice on how to navigate these situations.

Your attorney can guide you on the best practices for communicating with heirs, especially when probate is pending or unconfirmed, to ensure you remain compliant with all applicable laws.

Questions people ask

Can I assume an heir wants to sell if he or she replies to my text?

A reply indicates some level of engagement, but not necessarily a desire to sell. He or she might be seeking information or clarification. Your follow-up should clarify his or her motivation.

What if the heir asks me for legal advice about probate?

You are not an attorney, and you should never give legal advice. Refer him or her to a qualified attorney. Providing legal advice without a license can lead to serious legal issues for you.

Should I confirm probate before making an offer?

It is prudent to understand the probate status. You can make a contingent offer, but a deal cannot typically close until proper legal authority to sell is established, usually through probate or other legal means.

What if there are multiple heirs and one opts out?

You must honor that specific heir's opt-out request for his or her phone number. You can continue to communicate with other heirs who have not opted out, provided you are compliant with all rules for each individual.