Probate is the court process that transfers a deceased person's property to heirs. It generates highly motivated sellers: heirs who often live out of state, don't want the maintenance, need to split proceeds, and have a court timeline pushing them.
It also requires more care than any other lead type. Get the tone wrong and you deserve the hang-up.
Where the data comes from
Probate court filings are public record in every state, filed in the county where the decedent lived. Look for:
- Petition for probate / petition for letters of administration
- Letters testamentary or letters of administration (names the executor/personal representative)
- Inventory and appraisal (lists real property)
- Notice to creditors (often published in a legal newspaper)
Many county probate courts have an online docket search. Where they don't, the clerk's office has a public terminal, and filings are typically indexed by decedent name and filing date.
Cross-reference to property: take the decedent's name from the filing and search the county assessor and recorder for property owned in that name. That's your lead. Not every probate has real estate — expect 30–50% to.
Who to actually contact
Not "the family" — the personal representative (executor or administrator). That person has legal authority to sell, usually named in the letters of administration. Their address is often in the filing. Skip trace them.
If probate hasn't been opened yet, you're looking at heirs who may not yet have authority to convey. That deal takes longer and needs an attorney involved.
Timing
- 0–30 days after death: too early. Don't.
- 60–180 days: the window. The initial shock has passed, the bills have started, and the property maintenance burden is real.
- 6–18 months: still viable, especially where the estate stalled or heirs are in conflict.
The approach
Slow down. Lead with the situation, not the offer.
"Hi, is this [Name]? My name's [You], I'm a local real estate investor. I'm reaching out because I understand you may be handling the estate for [decedent]. First — I'm sorry for your loss. I know this is a lot to deal with. I buy houses in [area] as-is, and if the property on [street] ends up being something the family needs to sell, I'd be glad to make it easy. Is now a bad time?"
Then stop talking.
What heirs actually need
Price is often not the top concern. Ranked by what closes probate deals:
- Not having to clean it out. Estates are full of a lifetime of belongings. "Take what you want, leave the rest, I'll handle it" is worth thousands in negotiating power.
- Speed and certainty. Multiple heirs means coordination fatigue.
- Not having to make repairs.
- Simplicity. One closing, one wire, split by the attorney.
- Price.
Practical complications
- Multiple heirs — all with an interest may need to sign. Ask early: *"Who else is involved in the decision?"*
- Court confirmation — some states and some estate types require court approval of the sale, adding 30–60 days and occasionally an overbid process.
- Title issues — a property can't be conveyed until the representative has authority. Your title company will confirm.
- Estate debts — liens, medical bills, and creditor claims come off the top.
Work with a title company or attorney that closes probate sales routinely. This is not the place to learn on the fly.
The right frame
An heir with a house 900 miles away that needs $60,000 of work has a genuine problem. Buying it as-is, quickly, and letting them leave the contents behind is a real service. Approach it that way and the deals follow — approach it as a lead list and you'll burn through a hundred filings without a contract.