Compliance

Text message consent for inherited property heirs (not legal advice)

Obtaining text message consent for inherited property heirs involves verifying who has the legal authority to act on the property's behalf. Always seek explicit permission to text from the person you are communicating with, as general rules still apply. This is not legal advice.

October 12, 2026 · 3 min read

The basics of consent apply to all contacts

Even when dealing with inherited properties, the fundamental rules for texting consumers remain. You need either prior express consent or a pre-existing business relationship to send text messages. This is not legal advice; you should consult with an attorney to understand your specific obligations.

A seller who replies to an initial text message about selling his or her house provides a form of implied consent for further communication regarding that inquiry. This is a key distinction from unsolicited messages.

Inherited properties present unique ownership challenges

With inherited properties, identifying the legal owner or owners can be complex. Sometimes there is one heir, sometimes many. The person living in the house might not be the legal decision-maker, or might only be one of several. You need to verify who has the authority to make decisions about the property.

Before you can get meaningful consent, you need to know who you are asking for it from. Public records, probate filings (if any), and direct questions to the person you are communicating with can help clarify this, but it can take time.

Confirming who has authority to sell

A person might express interest in selling an inherited property, but might not have the sole legal authority to do so. For example, if there are multiple heirs, all often need to agree. Or, if the property is still in probate, the executor or administrator might be the only one with power to sell.

Always ask early in your conversation, "Are you the sole owner, or are there other heirs involved?" and "Do you have the legal authority to sell this property?" This clarifies who can give you valid consent for communication and ultimately for a sale.

When consent shifts between heirs

Suppose you initially text one heir who replies and seems motivated. Later, you find out he or she is one of three. His or her consent does not automatically extend to the other two. You would need to obtain consent from each relevant party you intend to text directly. This is not legal advice.

If the initial contact refers you to another heir who is the primary decision-maker, you should confirm with that new person that he or she is open to receiving texts from you. Explicitly asking, "Is it okay if I text you about this?" is always a safe approach.

Documenting permission and opt-outs

Keep clear records of when and how you received consent from each person, especially for inherited properties where multiple parties might be involved. Note the date, time, and specific wording of consent, such as a reply to your initial text.

Just as importantly, document any opt-out requests. If an heir asks you to stop texting, you must honor that request promptly. Maintaining good records helps you demonstrate compliance if ever questioned. This is not legal advice.

Always consult an attorney for specific cases

The rules around consumer communication, especially for complex scenarios like inherited properties, can be nuanced and vary by state and local jurisdiction. This information is for informational purposes only and is not legal advice.

For any specific questions or concerns about compliance, particularly when dealing with probate, multiple heirs, or unique situations, always consult with a qualified attorney in your jurisdiction. They can provide tailored guidance.

Questions people ask

What if there are multiple heirs?

You should aim to confirm consent from each heir you directly communicate with. One heir's consent does not automatically extend to others. Focus your efforts on the heir or executor who holds the primary authority to sell.

Is replying to a text always consent?

Generally, if a homeowner replies to your initial text message about selling his or her house, that is considered an indication of consent to continue the conversation about that specific inquiry. However, this is not legal advice, and context matters.

Can I text an heir on the Do Not Call list?

The Do Not Call (DNC) registry primarily applies to voice calls, but some states extend similar protections to texts. If an heir is on the DNC list, or if he or she asks you to stop, you should cease communication. Always verify specific state rules and consult legal counsel for compliance. This is not legal advice.