Compliance

Texting an heir without direct consent: what to know

Texting an heir without his or her direct consent can be a gray area, depending on how you obtained the number and the heir's prior relationship with the deceased owner. It is critical to understand the potential risks and always proceed with caution.

October 18, 2026 · 4 min read

The basics of consent for texting

The rules around unsolicited text messages generally require some form of consent from the recipient. This is often referred to as "prior express consent" or "prior express written consent," depending on the specific regulations like the TCPA.

When you are contacting a property owner, the assumption is that you are reaching out to the person listed on the deed. With an heir, the ownership structure might be less clear, especially before probate is completed.

The core principle is to avoid sending unwanted messages. If you do not have a clear indication that the heir is open to receiving texts from you, you risk violating these regulations. This is not legal advice.

Where did you get the heir's number?

The source of the heir's phone number plays a significant role in assessing compliance. If you obtained the number through skip tracing, it's likely a publicly available number, but that does not automatically grant consent for marketing texts.

If the number was provided by the original property owner before his or her passing, or if the heir himself or herself initiated contact in some way (like replying to an initial text about the property), that can indicate a level of implied consent.

However, simply having a number, even from a data vendor, does not equate to permission to text. Always consider the context in which you acquired the contact information.

What if the heir is also an owner of record?

If an heir is already listed on the deed as a co-owner, then he or she is essentially a property owner. In this scenario, your approach to texting him or her would generally align with how you contact any other property owner.

The challenge comes when the heir is not yet on the deed, but is expected to inherit the property. In these cases, his or her legal standing and connection to the property are different.

Always verify the ownership status. If the heir is a recognized owner of record, your texting strategy can be more direct, assuming you follow all other compliance rules for contacting property owners.

Navigating probate and heir contact

When a property is in probate, the estate is being administered, and the official owner is usually the estate itself, represented by an executor or administrator. The heirs have an interest, but not necessarily direct ownership yet.

Contacting heirs during probate requires sensitivity. They are often dealing with grief and legal processes. An unsolicited text might be unwelcome and could lead to complaints or opting out.

It's generally safer to attempt contact through the appointed executor or the attorney handling the probate, if that information is publicly available. Directly texting multiple potential heirs without clear consent carries more risk.

The opt-out requirement is always there

Regardless of how you obtained a number or the heir's status, you must always provide a clear and easy way for him or her to opt out of future texts. This is a fundamental compliance requirement for all text messaging.

If an heir replies with "STOP" or a similar clear request, you must immediately cease all text communication to that number. Failing to do so can lead to penalties and complaints.

Maintain accurate records of all opt-out requests. Even if you believe you had consent, honoring an opt-out request is non-negotiable and demonstrates your adherence to communication best practices. Speed to Seller handles this for the replies it provides.

This is not legal advice

The rules and regulations surrounding text messaging, especially when dealing with heirs and probate, are complex and subject to interpretation. States may have their own specific laws that add to federal requirements.

This content is intended for informational purposes only and does not constitute legal advice. You should always consult with a qualified attorney to understand your specific obligations and risks.

Operating compliantly is key to sustainable business practices. Take the time to understand the specific legal landscape in your operating areas before initiating contact with heirs or any other party without his or her direct consent.

Questions people ask

Does "prior express written consent" apply to heirs?

Generally, if you are sending marketing texts, yes, some form of consent is ideal. While an heir might not be the direct owner yet, they are still a consumer. The safest approach is to assume these rules apply and seek consent or have a clear basis for contact.

What should I do if an heir tells me to stop texting?

You must immediately honor any opt-out request. Reply confirming you will no longer text that number and then cease all further text communications to him or her. Keep a record of the opt-out.

Can I text an heir if I got their number from public records?

Obtaining a number from public records does not automatically grant consent to text. While it's a source for contact information, you still need to be mindful of compliance rules around unsolicited messages. Consider if the heir has had any prior interaction that could be construed as consent.