Probate and heirship properties represent one of the most lucrative niches in real estate investing. Like most high-opportunity markets, the real money goes to investors who are prepared. You need to know where to look, how to have the right conversations with the grieving families, and how to navigate the legal complexities that come with every one of these deals.
Here is a practical guide to getting started.
How to Approach the Heirs
Marketing to probate sellers shares some similarities with other wholesale strategies, including a cash offer, a fast closing, and an offer to pay all fees. There is an important difference, however, which is the emotional dimension.
You are often approaching someone who recently lost a parent, a sibling, or a spouse. The property may hold decades of memories, and the family may not agree on a path forward. Somewhere beneath the grief, there are practical questions about what to do with a house that no one wants to maintain.
The most effective approach is to lead with genuine assistance rather than just a number. Offer to help the heirs understand the process and explain what the title transfer will require. Be patient with the timeline. Heirs who feel respected and well-informed are far more likely to choose you over a competing investor who showed up with a form letter.
Offering to assist with the resolution of legal issues involved in the property transfer is also a meaningful differentiator. Most heirs have never dealt with an Affidavit of Heirship or Letters Testamentary. If you can walk them through what those documents are, or better yet, connect them with an attorney who can help, you build trust that lasts well beyond a single transaction.
Where to Find Probate and Heirship Leads
Unlike the MLS or typical wholesaler lists, probate leads require a little more effort to locate. The good news is that most investors are not doing that work, which means the competition is lower. Here are the best sources to consider.
- Real estate and title attorneys are one of the most valuable sources. Attorneys who regularly handle real estate transactions often know which estates have property to sell, and building a referral relationship with the right attorney can create a steady pipeline for years.
- Wills and estates attorneys are already inside the probate process. If you can become a trusted resource for them by closing smoothly and treating their clients well, the referrals will follow.
- Accountants and professional executors frequently need to liquidate assets quickly and cleanly on behalf of estates they administer. Positioning yourself as a reliable, professional buyer makes you an attractive option for these advisors.
- Commercially produced probate lists aggregate public probate filings and make them available to investors in a searchable format.
- Newspaper obituaries remain an old-fashioned but effective source. A death notice today may become an estate sale inquiry six months from now.
What the Buying Process Actually Looks Like
Once you have a motivated seller or family of sellers, the real work begins. If there is a will, the Executor needs to have Letters Testamentary in hand before they can legally sell. That means the will must have been submitted to the Probate Court, a hearing must have taken place, and the court must have formally authorized the Executor to act. If that process has not happened yet, you need to factor it into your timeline before you commit to a closing date.
If there is no will, or if the will was never probated, you are looking at an heirship transaction. That process requires an Affidavit of Heirship for each deceased owner of the property, each corroborated by two independent witnesses, recorded in the real property records, along with deeds from every legal heir. If one heir cannot be found, refuses to sign, or has a judgment lien against him or her, the deal cannot close until that issue is resolved.
Title issues are extremely common in probate and heirship situations. Unpaid debts of the deceased, Medicaid claims under the Estate Recovery Program, unknown heirs, and prior unprobated estates are the kinds of complications that can slow or stop a deal entirely. A skilled real estate attorney and an experienced title company are essential in these transactions.
The Bottom Line for Investors
Probate and heirship deals can be extraordinarily profitable. They can also become protracted, expensive nightmares if you do not have the right team in place. The difference between those two outcomes almost always comes down to whether you identified and resolved the title issues before you committed to the deal.
Before you make your next offer on a probate property, I encourage you to sit down with a real estate attorney who understands both the Texas Estates Code and the practical realities of these transactions.
The Lonergan Law Firm PLLC has spent decades handling the unusual and difficult closings that other attorneys turn away. If you have a probate or heirship deal, or if you want to build a process for pursuing these types of investments, we will gladly assist you.
Gaylene Rogers Lonergan
Board Certified Residential and Commercial Real Estate Attorney
Lonergan Law Firm PLLC and Title Closing Office
214-503-7509 | lonerganlaw.com | grogers@lonerganlaw.com
© Gaylene Rogers Lonergan and Lonergan Law Firm, PLLC, 2026. All rights reserved. This article is provided for educational reasons exclusively and is not meant to be construed as legal advice. The Lonergan Law Firm, PLLC, will represent you only after being retained and that agreement is made in writing.
