ProbateBrief

How to approach heirs of a probate property in Texas (respectful outreach, 2026)

Updated October 17, 2026 · By ProbateBrief (Chesapeake Commerce LLC)

Not legal advice. This page is general information for real-estate professionals, based on the public sources linked below. It isn't legal advice and creates no attorney-client relationship. Rules change and every situation is different. Talk to a Texas attorney about your own outreach program.

A probate filing means a family has lost someone and has started a legal process. Some of those families will want to sell a house, and a fair, low-hassle offer can help them. But most people are put off by blunt, frequent or misleading contact, and some kinds of contact are against the law. This guide covers who to contact, when, how, and which rules apply in Texas.

First, know who you're talking to

  • The applicant named in the filing is asking to become the executor or administrator. They don't have authority over the estate until the court acts and, where required, issues letters. Our guide to reading probate filings shows how to tell where a case stands.
  • The attorney of record represents the applicant. In practice they're often the best first contact, because they know whether the estate needs or wants to sell.
  • Heirs and devisees are the people who inherit. They may not be named in the case index at all. Who can sign a deed depends on the type of case. See how Harris County probate works.
  • One heir isn't the whole house. When several relatives inherit together, a buyer from one of them generally gets only that person's share. Texas has specific rules for court partition of inherited property held by relatives, in the Uniform Partition of Heirs' Property Act (Tex. Prop. Code ch. 23A). Buying a fractional interest to pressure the rest of a family is a fast way to earn a bad reputation and a lawsuit.

Timing

  • Don't rush the funeral. A filing can come soon after a death. If a death notice shows it was very recent, wait.
  • Let the case move. A letter that arrives around the time letters are issued, when the executor is actually making decisions, is usually more useful than one sent on day one.
  • Fewer touches, better spaced. One letter, then perhaps one follow-up weeks later, then stop if there's no response. Repeated mailers and calls are the most common complaint families have.

What to say (and what never to say)

  • Say who you are, in the first lines: your name, your company, and that you're a private buyer (or a licensed agent, or a wholesaler).
  • Say how you found them: "I saw in public court records that an estate was opened for [name]." Hiding it makes people more suspicious, not less.
  • Offer one clear thing: a cash offer, help with clean-out, or a listing consultation. Give an easy way to say no.
  • No fake urgency, no "final notice" language, no guesses about the family's finances, and no claims about what the court will or won't allow.
  • Never make it look official. Don't imitate a court, county, clerk or attorney's office with seals, case-number headers or "notice" formatting. Texas makes it a crime to deliver a document that simulates a summons, complaint, judgment or other court process to get someone to act on it, and a disclaimer saying it isn't legal process is no defense (Tex. Penal Code §32.48).

A sample first letter

Adapt this to your business and have your attorney review your final version:

Dear [Name],

I'm sorry for your family's loss. My name is [Your name], and I'm a local home buyer with [Company]. I saw in public probate records that an estate was opened for [Decedent's name], and I understand there may be a house at [address].

If the family decides to sell, I'd be glad to make a fair, no-obligation cash offer and work around the estate's timeline and your attorney's advice. If not, no reply is needed and I won't follow up more than once.

If you'd prefer I not contact you again, just let me know at [phone/email] and I'll take you off my list.

[Name] · [Company] · [Mailing address] · [Phone] · [Email]

For an attorney of record, keep it even shorter: who you are, what you offer, and that you're happy to wait until the estate is ready.

Rules by channel

  • Mail. The most common and least intrusive channel. Accuracy matters: don't misstate your role, and see the §32.48 point above.
  • Email. Under the federal CAN-SPAM Act, commercial email needs accurate header information and a subject line that isn't misleading, must be identified as an ad, must include your valid physical postal address, and must offer a clear way to opt out. Opt-outs must be honored within 10 business days (FTC compliance guide).
  • Phone and text (federal). FCC rules under the Telephone Consumer Protection Act require prior consent for autodialed or prerecorded calls and texts to wireless numbers. They also limit telemarketing calls to homes to between 8 a.m. and 9 p.m. and require you to honor do-not-call requests. Check numbers against the National Do Not Call Registry (FCC guide).
  • Phone and text (Texas). The Texas Telemarketing Disclosure and Privacy Act restricts telemarketing calls to numbers on the Texas no-call list, with limited exceptions (Tex. Bus. & Com. Code ch. 304; Texas No Call).
  • Door knocking. Respect "no soliciting" signs, leave at the first "no", and check whether the city requires a solicitor permit. Remember the house may be vacant and the family may live elsewhere, so a visit may reach a neighbor or tenant instead.
  • Every channel. Keep one do-not-contact list across mail, phone, text, email and visits, and check it before every campaign.

Rules for your role

  • Wholesalers. Before you contract to sell an option or assign a purchase contract, Texas requires written disclosure to any potential buyer that you're selling only an option or contract interest and don't hold legal title, and to the owner that you intend to sell or assign it (Tex. Prop. Code §5.0205). Marketing contracts you don't own can also raise licensing questions. See Tex. Occ. Code §1101.0045 and the Texas Real Estate Commission.
  • Licensed agents. TREC's advertising rule requires every advertisement, including email and text, to show the license holder's or team's name and the broker's name, and treats misleading advertising as a violation (22 Tex. Admin. Code §535.155).
  • Everyone. If the attorney asks you to go through them, do. If a family member says no, stop.

Where to find the filings

New probate filings are public. See how to find probate properties in Houston (Harris County) and the Fort Bend County probate records search guide. ProbateBrief delivers both counties in one weekly spreadsheet: well over 100 new filings a week, about 70% matched to a property, with the applicant and attorney of record where the court lists them. How you contact people, and following the rules above, is up to you.

Get a free sample list

Related guides

Sources

Disclaimer

ProbateBrief is not a law firm and is not affiliated with Harris County, the Harris County Clerk, the Harris County Probate Courts, the Harris Central Appraisal District, Fort Bend County, the Fort Bend County Clerk, the Fort Bend County Courts at Law or the Fort Bend Central Appraisal District. Information here is provided "as is" and may be incomplete or out of date. Check the linked official sources. Our lists are compiled from public records for real-estate prospecting. They are not consumer reports under the Fair Credit Reporting Act and may not be used for credit, employment, insurance or tenant-screening decisions.