Probate marketing sits between two things that do not sit well together: public court records that show exactly who has a matter, and conduct rules that restrict soliciting people who did not ask to hear from you. The firms that do this well earn the work through referrals and search rather than by mailing the recently bereaved.
Direct solicitation of the bereaved is restricted, and often prohibited
The conduct rules restrict live solicitation of prospective clients who have not sought advice, several jurisdictions impose specific waiting periods or outright bans on contacting people after a death or accident, and even where a letter is permitted it usually carries labelling requirements. Before any direct outreach campaign, get the rule in the relevant jurisdiction in writing. This is the part of the category where firms get into disciplinary trouble.
Search is where the actual demand appears
The executor is usually searching within days: what probate is, whether it is needed, how long it takes, what it costs, and how to handle a specific asset. Genuinely useful pages answering those questions in plain language, for your own state's process, will bring the right enquiries without touching the solicitation rules at all. This is the honest core of the work.
Referral relationships carry the rest
Accountants, financial advisers, funeral directors, estate agents and banks meet executors before you do. Those relationships are the durable channel, and they are also constrained: fee sharing with non-lawyers and paying for recommendations are restricted, so the arrangement must be reciprocal referral and genuine cooperation rather than compensation.
Tone and intake are the differentiator
The person contacting you is grieving and often overwhelmed by paperwork. A page that leads with a clear explanation of the process and what it costs, and an intake that answers gently and quickly, will convert far better than one that leads with the firm's credentials. Publish fees where you can; uncertainty about cost is the main reason executors delay instructing anyone.
Questions people ask about probate marketing
Can we mail people listed in probate filings?
It depends entirely on the jurisdiction, and several restrict or prohibit it, sometimes with waiting periods. Get advice on the specific rule before running any such campaign.
What content brings probate enquiries?
Plain-language explanations of your state's process, timelines, costs, and how specific assets are handled. Executors search these within days.
Should fees be published?
Where you can, yes. Cost uncertainty is the main reason an executor delays, and publishing a range removes it.
Are referral fees allowed?
Paying for recommendations and sharing fees with non-lawyers are restricted. Build reciprocal professional relationships rather than compensated ones, and check the rule where you practise.