Compliance

Texting probate property heirs on the do not call list

Contacting heirs of a probate property requires careful consideration of the Do Not Call (DNC) list regulations. While DNC rules primarily apply to telemarketing calls, SMS messages can also fall under these regulations, depending on the context and content.

October 10, 2026 · 4 min read

The do not call list and unsolicited communications

The Do Not Call (DNC) Registry is designed to protect consumers from unwanted telemarketing calls. However, its scope can extend to other forms of unsolicited communication, including text messages, if those messages are considered telemarketing.

Telemarketing generally refers to initiating a telephone call or text message to a consumer for the purpose of encouraging him or her to purchase or rent goods or services. In real estate, this means if your text is trying to get someone to sell their house to you, it often falls under this definition.

Even if your primary goal is to inquire about a property, if that inquiry directly leads to an offer to purchase, it can be seen as a prelude to a commercial transaction. This is where the lines can blur with DNC compliance.

Remember, this information is for educational purposes only and does not constitute legal advice. You should always consult with a legal professional regarding your specific situation and compliance with federal and state laws.

Why probate heirs are a unique contact group

Probate properties often involve individuals who have inherited a property and may or may not be living in it. They might be dealing with a difficult emotional time and are not actively looking to sell.

Contacting these individuals requires a sensitive approach. An unsolicited text message about selling an inherited home could be perceived as intrusive or exploitative, regardless of DNC status.

Furthermore, probate records often provide contact information for the executor or heirs, but these individuals might not have opted into receiving marketing communications. You are typically initiating contact without prior consent.

Some states have additional consumer protection laws that might apply specifically to probate or distressed property solicitation. Always check local regulations.

Texting vs. calling: dnc implications

While the DNC list primarily focuses on calls, the Federal Communications Commission (FCC) and the Federal Trade Commission (FTC) have clarified that text messages are also subject to certain telemarketing rules, particularly under the Telephone Consumer Protection Act (TCPA).

If a phone number is on the DNC list, you generally cannot send an unsolicited text message that is commercial in nature to that number. This applies even if you are not making a voice call.

The legal landscape for text message marketing is complex and constantly evolving. It is prudent to err on the side of caution and treat text messages to DNC-listed numbers as potentially non-compliant if they are for commercial purposes. For more on TCPA basics, see /learn/tcpa-and-cold-outreach-basics.

Some argue that an initial text merely inquiring about interest is not 'telemarketing'. However, the risk lies in the interpretation by a consumer or a regulator. It is safer to assume a commercial intent will be found.

Mitigating risk when contacting probate heirs

Before texting any probate heir, consider scrubbing the phone numbers against the national Do Not Call Registry. This is a fundamental step to reduce your exposure to DNC violations.

If you decide to proceed with texting, ensure your initial message is purely informational and non-commercial. Avoid direct solicitations to sell. A simple inquiry about property status or interest in discussing options might be less risky.

Always provide a clear and easy way for the recipient to opt out of future messages. This is a requirement under TCPA for all commercial texts and helps demonstrate good faith.

Consider alternative methods for initial contact, such as direct mail or even a personal visit to the property, if appropriate and respectful. These methods carry different compliance considerations but avoid DNC issues with phone numbers.

Consent and established business relationships

The safest way to contact anyone, including probate heirs, is with prior express consent. However, obtaining this before initial outreach is usually not feasible for investors sourcing leads.

An 'established business relationship' (EBR) can sometimes exempt callers from DNC rules, but this typically does not apply to initial cold outreach to probate heirs. An EBR means there has been a prior transaction or inquiry within a certain timeframe.

For probate heirs, you typically do not have an EBR. Therefore, you should assume that DNC rules apply to his or her phone number if it is listed.

Again, this is not legal advice. The penalties for DNC and TCPA violations can be substantial, including statutory damages per violation. Consult an attorney who specializes in telemarketing and consumer protection law for definitive guidance on your outreach strategy.

Questions people ask

If I only text, does the DNC list still apply?

Yes, text messages can be considered a form of telemarketing communication and are subject to DNC regulations, especially if they have a commercial purpose like encouraging a property sale.

What's the safest way to contact a probate heir without DNC issues?

Direct mail is generally safer regarding DNC rules as it is not an electronic communication. You can also try to obtain express consent before texting or calling, though this is rare for initial outreach.

Does sending a text with an opt-out make it okay?

Providing an opt-out is good practice and required for commercial texts, but it does not exempt you from DNC rules if the initial text itself was an unsolicited commercial message sent to a DNC-registered number. It's about the legality of the initial contact.