Probate Attorney Advertising Rules in Texas

Estate attorneys in Texas who do any form of outreach to families of probate-eligible decedents are subject to Texas Disciplinary Rule of Professional Conduct 7.03, the state's version of ABA Model Rule 7.3 on solicitation. Texas comprehensively amended its advertising and solicitation rules through Texas Supreme Court Misc. Docket 21-9029 in 2021, with the current rule compilation effective March 7, 2025. Texas is one of the few states that imposes a mandatory post-dissemination filing requirement, which makes operational fit with a probate prospecting channel particularly important.

This is a reference page, not legal advice. Attorneys are responsible for their own compliance, and Texas's rules are subject to amendment. The summary below reflects Texas Disciplinary Rules of Professional Conduct as of May 2026.

Quick reference summary

• Applicable rule: Texas Disciplinary Rule of Professional Conduct 7.03, current compilation effective March 7, 2025
• Companion rules: Rule 7.01 (Communications), Rule 7.04 (Filing), Rule 7.05 (Communications Exempt from Filing)
• Waiting period after death: None in Rule 7.03; Tex. Penal Code Section 38.12 31-day bar applies to accident/disaster, not probate
• Required disclosure: "ADVERTISEMENT" 3/8 inch tall on envelope face per Rule 7.05(b)(1)
• Filing required: Yes, Rule 7.04(a), within 10 days after dissemination
• Retention: 4 years under Rule 7.04
• Last reviewed: May 2026

The rule itself

Texas Rule 7.03 prohibits in-person, regulated telephone, social media, or other electronic contact (defined as live or interactive) for the purpose of obtaining professional employment from a non-lawyer with whom the lawyer has no family or prior professional relationship, except in narrow categories (lawyers, family members, prior professional contacts, experienced business clients).

Rule 7.03(d) requires that solicitation communications be "plainly marked or clearly designated an 'ADVERTISEMENT'" unless the recipient is a lawyer or has a prior relationship. Rule 7.05(b)(1) sets the specific format requirement for non-electronic written solicitation: "ADVERTISEMENT" must appear on the envelope face, in a contrasting color to the background, at least 3/8 inch tall vertically (or three times the body text height, whichever is larger).

Rule 7.04 imposes the post-dissemination filing requirement that distinguishes Texas from most other states. Within 10 days after a written solicitation is sent, the attorney must file a copy of the piece, an application, and a fee with the State Bar of Texas Advertising Review Committee. Optional pre-approval is available 30 days before first use, and a Committee compliance finding is binding in the lawyer's favor.

The current rule compilation is the result of comprehensive 2021 amendments through Texas Supreme Court Misc. Docket 21-9029. Subsequent updates produced the March 7, 2025 compilation now in effect.

What triggers the rule for probate outreach

A written solicitation sent to a surviving spouse or family member of a recently deceased person, where the attorney has no prior relationship with the recipient, falls within Texas Rule 7.03 and the related advertising rules. The ADVERTISEMENT marking is required, the Rule 7.04 filing is required, and the 4-year retention applies.

The probate context does not benefit from the Rule 7.05 filing exemptions, which generally cover advertising not directed at a specific recipient (general advertising, websites, lawyer directories). Direct mail to identifiable surviving family members is not exempt.

Texas-specific requirements

ADVERTISEMENT marking format. Rule 7.05(b)(1) requires the word "ADVERTISEMENT" on the envelope face, in contrasting color, at least 3/8 inch tall vertically (or three times the body text height, whichever is larger). This is one of the more specific format requirements in any state. Generic Advertisement marking that meets the substance of the rule but not the size standard does not satisfy Texas.

Filing requirement, Rule 7.04. Within 10 days after dissemination, the attorney must file with the State Bar of Texas Advertising Review Committee. The filing includes a copy of the solicitation, an application form, and a filing fee. Optional pre-approval is available 30 days before first use, with a Committee finding of compliance binding in the attorney's favor. This is the most operationally consequential rule in Texas for any volume-based probate prospecting program.

Recordkeeping, 4 years. Rule 7.04 requires retention for four years of: date of dissemination, name and address of each recipient, and means of transmission. The retention period is among the longest in the country.

Real-time electronic contact. Rule 7.03(a) and (b) prohibit live or interactive electronic contact. Asynchronous text messages and email are permitted as written communications subject to Rule 7.03(d) marking and Rule 7.04 filing.

Prohibited content. Rule 7.01 prohibits false or misleading communications. Communications that are "misleadingly designed to resemble a legal pleading" are prohibited. Unsubstantiated comparisons and unjustified result expectations are barred. Rule 7.03(c) and (f) prohibit payments to non-lawyers for referrals (the Texas barratry overlap) and items of value to prospects beyond litigation expenses or "ordinary social hospitality of nominal value."

Common compliance failures in probate outreach

The most common Texas-specific failure is the Rule 7.04 filing window. A 10-day post-dissemination filing requirement is not intuitive for firms accustomed to states without filing obligations, and missed filings are a direct rule violation. The second is the 3/8 inch ADVERTISEMENT marking format on envelopes; generic ADVERTISEMENT text that meets the substance of the rule but not the size standard does not comply. The third is the Texas barratry overlap, which means any compensation arrangement that pays a non-lawyer for the act of referring a specific case (rather than a flat advertising fee unrelated to case outcome) creates exposure independently of Rule 7.03.

Recent Texas barratry prosecutions have focused on personal injury case-running rather than probate. A complete review of Texas Professional Ethics Committee opinions 2020-2026 (Opinions 690-710) identifies no opinion specifically addressing probate solicitation, AI-generated outreach, or estate attorney advertising. Op. 697 (June 2023, deceased client file confidentiality), Op. 702 (August 2024, Rule 7.03 in educational-sponsorship context), and Op. 705 (February 2025, generative AI ethics addressing competence and confidentiality but not advertising) are the closest tangential authorities.

How Probate Helper handles Texas compliance

Probate Helper's outreach templates for Texas are reviewed against Rule 7.03 and the related advertising rules. The ADVERTISEMENT marking is produced on envelopes at the 3/8 inch size required by Rule 7.05(b)(1). The 10-day post-dissemination filing under Rule 7.04 is tracked in the platform's send schedule, with a workflow for the firm to confirm or delegate the filing. Four-year retention is maintained at the platform level for date of dissemination, recipient name and address, and means of transmission.

Real-time electronic contact (live chat, live SMS) is excluded from the outreach mix. The platform's outreach for Texas prospects uses written mail and asynchronous email only.

What to ask any probate marketing vendor in Texas

If you are evaluating a probate lead generation vendor for use in Texas, the questions worth asking include:

• Does the ADVERTISEMENT marking on envelopes meet the 3/8 inch height requirement under Rule 7.05(b)(1)?
• Does the vendor track and complete the Rule 7.04 10-day post-dissemination filing for every campaign?
• Is 4-year retention maintained, including date, recipient name and address, and means of transmission?
• Are real-time electronic contact methods excluded from the outreach mix?
• Do I review every piece before it ships under my firm's name?
• How does the vendor avoid Texas barratry exposure under Penal Code Section 38.12 and the Government Code overlay?

Methodology and sources

ProbateHelper's research on Texas-specific compliance is documented in the Texas recent ethics opinions memo, which surveys the complete Texas Professional Ethics Committee opinion catalog 2020-2026 (Op. 690-710) and identifies the closest tangential authorities. This page reflects ProbateHelper's reading; it does not claim to be the only possible reading.

Disclaimer

This page is not legal advice. Probate Helper is not a law firm. Texas's bar rules are subject to amendment, and the analysis above reflects the rule text as understood in May 2026. Attorneys are responsible for their own compliance and should verify current rules with the State Bar of Texas Advertising Review Committee before relying on this content. The rule citations above link to the Texas Center for Legal Ethics for direct verification.

For the live rule text, see the Texas Center for Legal Ethics Rule 7.03 and Rule 7.04. For the comprehensive 2021 amendments, see Texas Supreme Court Misc. Docket 21-9029.

See how Probate Helper's Texas-compliant outreach works for your firm. The platform handles ADVERTISEMENT marking, Rule 7.04 filing tracking, and 4-year retention at the platform layer. For state market dynamics, see the Texas probate leads page. For the broader category context, see the pillar guide to probate leads for attorneys and Probate Helper for multi-state firms.

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