This post is part of our complete guide: Cold Calling Real Estate: Scripts for Every Lead Source (2026 Guide) →
A probate real estate script is what you say when you call the person handling a deceased owner's estate about the home they left behind. Open with condolences, keep the call brief, and offer help with the property only after you understand what the family wants.
A probate listing is a home owned by someone who has passed away that is being handled through the court's probate process. The person you are calling is the personal representative: an executor if the will named one, or an administrator if the court appointed one. That is usually a grieving relative, often living in another city.
Hi, is this [Name]? Hi [Name], this is [Your Name] with [Brokerage]. First, I'm sorry for the loss of your [mother/father/family member].
I'm reaching out because I help families who are handling a loved one's home as part of an estate. I know there's a lot on your plate right now, so I'll be brief. Has the family decided what you'd like to do with the house on [Street], or is it still too early?
- If they say "It's too soon to think about it": say "Completely understood. Would it be alright if I checked in with you in a few weeks? In the meantime, if a question comes up about the house, you can call me anytime."
- If they say "We're probably going to sell": say "That's helpful to know. Is anyone living in the home right now, and are you nearby or out of town?"
- If they say "How did you find me?": say "Probate filings are public record, and I understand a call like this can feel intrusive. If you'd rather I not call again, I'll remove your number."
This conversation builds on our real estate cold calling guide, with far more patience.
Give families time after a loss, and follow your state's rules, the Do Not Call rules, and your brokerage's policy on contacting personal representatives. Probate procedures, including whether a sale needs court approval, vary by state, so point the family to the estate's attorney for anything legal. You are there to help with the property, not to give legal advice.
Which Probate Script to Use When
| Situation | Script | Goal |
|---|---|---|
| First contact with the personal representative | First call | Offer condolences and learn the family's plan |
| The executor lives out of town | Out-of-area executor script | Take logistics off their plate |
| Family members disagree | Family alignment script | Get everyone the same information |
| No answer | Voicemail | A gentle callback request |
Probate Leads for Real Estate: Why the Approach Is Different
Probate leads for real estate differ from other seller lists because the person on the phone did not choose to sell. They inherited a responsibility, often a home full of belongings that may need repairs and may sit empty in another state.
Families often need someone to coordinate cleanouts, repairs, and showings as much as they need a price. Leading with logistics instead of marketing separates you from the other letters and calls they get.
The Out-of-Area Executor Script
Use this when the personal representative lives far from the property.
Since you're not local, how has it been managing the house from a distance? Is anyone checking on it?
Is the home still full of your [parent's] belongings, or has the family started going through things?
A lot of the families I work with are in the same spot, so I usually help coordinate the pieces: cleanout, any repairs, and getting it ready so you don't have to fly back and forth. Would it help if I walked the property and sent you a clear picture of its condition and value?
- If they say "That would be a huge help": say "I'm glad. Is there a family member nearby who should be there when I stop by, or should I coordinate a key with you?"
- If they say "We need the attorney's go-ahead first": say "That's the right order. Once you've talked with them, I'm happy to work with the attorney on timing."
The Family Alignment Script
When heirs disagree about keeping, renting, or selling, don't take a side; give every decision maker the same facts.
It sounds like the family has different ideas about the house, which is really common. What if I put together what it would sell for, what it would rent for, and what it would cost to keep, and walk everyone through it together? That way the decision comes from the same numbers. Would a video call with everyone work, or would you rather meet in person?
- If they say "My brother wants to wait": say "That's fair. Knowing the carrying costs usually helps with that conversation. Would he be open to joining the call?"
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The Probate Voicemail
Never mention the death, the estate, or probate, since someone else may check the voicemail.
Hi [Name], this is [Your Name] with [Brokerage]. I'm calling about the property on [Street]. There's no rush, I just have some information that may be helpful. You can reach me at [Number] whenever it's convenient.
Printable Probate Call Sheet
Probate call sheet
Open: "I'm sorry for the loss of your [family member]. I help families handling a loved one's home. Has the family decided what to do with the house on [Street], or is it too early?"
Discover: Anyone living there? Are you local? Belongings still in the home? Attorney involved?
Out of area: "I can coordinate cleanout, repairs and prep so you're not flying back and forth. Want me to walk it and send you its condition and value?"
Family disagrees: "Sale value, rent value and cost to keep, walked through with everyone together."
Voicemail: "Calling about the property on [Street]. No rush. [Number]." Never mention the death or probate.
Objections on Probate Calls
- "It's too soon." Agree, ask permission to check back in a few weeks, and set the reminder. The call me later objection page covers how to confirm a real follow-up time.
- "We need to talk as a family." Offer to meet with everyone at once instead of waiting. See the need to think about it objection for gentle wording.
- "We'll just sell it as-is to an investor." Offer to show them the as-is value next to the value after a light cleanout, so the family can compare.
Once the family is ready, treat the meeting like a listing appointment, but start with their plan and timeline before you talk about pricing. If the home is also behind on payments, the tone in our pre-foreclosure script applies. For heirs who plan to hold the home as a rental, the absentee owner script fits better, and a home tied to a separation is covered in the divorce listing script.
How Sayso Helps on Probate Calls
Sayso shows the next line live during the call with Sayso Cue, so you can stay present when a family member gets emotional instead of searching for words. Smart Capture writes the notes to your CRM, including who the decision makers are and when they asked you to follow up. To see it in action, book a demo.
FAQ
What is a probate listing in real estate? A probate listing is a home owned by someone who has died that is being sold as part of the court's probate process. The estate's personal representative handles the sale, and in some states the court must approve it.
Who do you call on a probate lead? You call the personal representative of the estate. That is the executor named in the will, or an administrator appointed by the court if there is no will. It is usually a family member.
How soon should you contact a probate lead? Give the family time. Many agents wait until the probate case has been open for a while rather than calling right after the filing. Follow your state's rules and your brokerage's policy.
What should you say to an executor of an estate? Start with condolences, keep the call short, and ask what the family would like to do with the home. Offer practical help with logistics and value, and let them set the pace.
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