Compliance

Texting an heir who is not on the deed: compliance considerations

When dealing with inherited properties, you might encounter heirs who are not formally listed on the deed. Texting such individuals requires careful consideration of compliance rules, as their consent to receive messages is still paramount.

November 1, 2026 · 3 min read

The difference with heirs not on the deed

An heir not on the deed legally owns an interest in the property through inheritance, even if their name does not appear on public records yet. This is common before probate is completed or a new deed is recorded. However, from a texting compliance perspective, they are still considered a consumer.

The challenge is that automated systems often rely on recorded ownership for consent verification. When an heir is not on the deed, you cannot use deed records alone to infer consent. This means your approach to obtaining or confirming their consent for text messages needs to be more direct and explicit.

Always prioritize prior express consent

For any text outreach, the safest course is to have prior express consent from the recipient. This means he or she has clearly indicated he or she is willing to receive text messages from you. While some interpretations allow for implied consent in certain situations, explicit consent is always the strongest defense against compliance issues.

If you are texting an heir who is not on the deed, and he or she has not initiated contact with you, you should assume you do not have his or her consent. Relying on his or her status as an heir alone is not sufficient to establish consent for text messages.

How inherited property leads are generated

Sometimes, lead providers like Speed to Seller identify heirs through probate filings or other public records. When a reply comes in from an heir, that reply itself usually serves as your initial consent to communicate with that specific number. This is a critical distinction.

If an heir replies to a message about a property he or she has an interest in, even if he or she is not on the deed, his or her reply indicates a willingness to engage. You can then continue the conversation, always respecting any future opt-out requests. This initial reply is your permission to proceed.

Handling opt-outs from non-deed heirs

If an heir who is not on the deed requests to opt out of text messages, you must honor that request immediately. Treat his or her opt-out just as seriously as you would for a recorded owner. Do not send further texts to that specific number.

Maintain clear records of all opt-out requests, including the date and time, and the number from which the request was received. This helps demonstrate your compliance efforts if questions ever arise. This is not legal advice, you should consult with legal counsel to understand your specific obligations.

The importance of clear communication

When communicating with an heir not on the deed, always be transparent about who you are and why you are contacting him or her. Explain that you are interested in the inherited property and how you obtained his or her contact information (e.g., from public records or a lead provider after his or her initial reply).

Clarity builds trust and reduces the likelihood of misunderstandings or complaints. Avoid jargon and be ready to answer questions about the process of selling an inherited property. This professional approach benefits both you and the seller.

When in doubt, seek legal counsel

Compliance laws around contacting consumers, especially regarding inherited properties and heirs not on the deed, can be complex and vary by state. This information is for educational purposes only and is not legal advice.

Always consult with a qualified attorney knowledgeable in real estate and communication compliance laws in your jurisdiction. They can provide specific guidance tailored to your outreach strategies and ensure you are operating within legal boundaries.

Questions people ask

If an heir replies, do I need them to explicitly say "I consent to texts"?

Generally, a clear reply to your initial message about the property can be considered prior express consent for that conversation. However, if you plan ongoing marketing or different types of messages, clearer consent might be needed.

What if multiple heirs are involved, and only one replies?

The reply from one heir provides consent to communicate with that specific heir's number. You do not have consent to text other heirs simply because one has replied. You would need separate consent for each individual.

Can I call an heir who is not on the deed if they opted out of texts?

An opt-out request typically applies to the specific communication method. If he or she opted out of texts, you should not text him or her. However, whether you can call him or her depends on other factors like DNC lists and state laws, which is not legal advice and you should consult an attorney.