Compliance

Rules for texting a non-owner heir about an inherited property

Texting heirs of an inherited property, especially if they are not on the deed, requires careful consideration of consent. It's not legal advice, but generally, you need to verify who you are texting and that he or she has the authority or interest to discuss the property.

October 30, 2026 · 4 min read

Identifying the heir's relationship to the property

Before texting, confirm the heir's connection to the property. Public records might show the deceased owner, but not necessarily the heirs. Skip tracing can sometimes link family members to the property address, but it doesn't confirm ownership or legal authority to sell.

Your initial text should be exploratory, not declarative. You are trying to establish if the person you are contacting has a legitimate interest in the property and is in a position to discuss it. Avoid assuming authority.

Recognize that until probate is complete, the heir may not have full legal standing to sell. This is a crucial distinction when evaluating the quality of your lead and the speed at which a deal can close.

Understanding consent for non-owner heirs

Federal communication laws generally require prior express consent before you can send marketing text messages. When dealing with an heir who is not the deeded owner, the consent status is murky. The original homeowner may have opted in, but that consent does not automatically transfer to all heirs.

If an heir responds to your initial text message, that can establish implied consent for a conversation about the property. However, this is not a substitute for explicit consent to receive ongoing marketing messages. If you receive an opt-out request from one heir, you must honor it for him or her.

Always treat communication with an heir as a sensitive matter. He or she might be grieving or overwhelmed with the inheritance process. A gentle, respectful approach is key to building rapport and avoiding potential complaints, which could have compliance implications.

The risks of texting unverified heirs

Texting an heir without proper verification carries several risks. You might be contacting someone with no legal right or interest in the property, which is a waste of your time and resources. There's also the risk of alienating a potential seller if you come across as intrusive or misinformed.

More seriously, you could inadvertently text someone on a do not call or do not text list, even if the primary owner was not. While not legal advice, making unsolicited contact with individuals who have not provided consent can lead to complaints. These complaints, even if unfounded, can be a headache.

It's a good practice to keep records of all communications, especially when you receive a reply. This documentation helps demonstrate that you acted in good faith if any questions about consent arise. Always track opt-out requests diligently.

Best practices for initial contact with non-owner heirs

Your first text to a potential heir should be neutral and inquiry-based. For example, 'I'm reaching out about the property at [address]. Are you the current owner or someone who handles decisions for it?' This clarifies their role without making assumptions.

If the heir confirms interest, ask how he or she relates to the property and if he or she is the sole decision-maker or if there are other parties involved. This helps you understand the ownership structure and who else you might need to communicate with. You need to know if you are talking to the right person.

Explain your purpose clearly: you are an investor interested in making a cash offer. Do not pressure them for information or decisions. Remember, you are building a relationship, not just trying to close a deal on the first text.

When to involve an attorney for heir communication

If an heir indicates a complex probate situation, multiple heirs with disagreements, or mentions any legal disputes, it's wise to recommend they seek legal counsel. You are not a lawyer, and you should not offer legal advice. This is for their protection and yours.

As an investor, you might consider consulting with your own real estate attorney if the heir situation seems unusually complicated, particularly if there are questions about clear title. He or she can advise you on how to proceed without legal risk.

Ultimately, if an heir requires extensive legal guidance to simply establish ownership or authority to sell, it might be a sign that the lead is too complex or time-consuming for a straightforward cash transaction. Sometimes, walking away is the most compliant and financially prudent decision.

Questions people ask

What if multiple heirs respond to my text?

Treat each heir's response and consent individually. If one opts out, respect that request for him or her. If multiple heirs are involved, you will need to coordinate communication with all relevant parties for any potential deal.

Can I text an heir if the property is in probate?

Yes, but be cautious. The probate process can be lengthy and complicated. Your text should respectfully inquire about the property and the heir's role, without implying you understand or can navigate the legal complexities on their behalf. Always state you are not offering legal advice.

What is the best first text to send to an heir?

A good first text might be: 'Hello, my name is [Your Name] and I'm an investor interested in the property at [Address]. Are you the owner or someone I can speak with about it?' Keep it brief, polite, and open-ended to clarify their status.