What are the legal requirements and process for transferring a decedent’s firearms during probate?

In North Carolina probate, firearms are personal property. The personal representative (executor or administrator) must secure, inventory, and distribute them according to the will or, if there is no will, under intestacy—while following both North Carolina and federal firearms laws. Below is a clear, step-by-step roadmap.

Detailed Answer: North Carolina’s Rules and the Probate Process

1) Secure and identify the firearms

• Immediately secure all guns in a safe location. Keep them unloaded and locked until you confirm who may lawfully receive them.
• Record make, model, caliber, and serial numbers. Photograph each item. Note any accessories like suppressors (silencers) or short‑barreled rifles/shotguns that may be regulated under the National Firearms Act (NFA).

2) List the firearms on the estate inventory

North Carolina requires the personal representative to file an inventory of estate assets. Include each firearm and a reasonable value. See the personal representative’s powers and duties to manage and distribute personal property in N.C.G.S. § 28A-13-3 and the duty to inventory in N.C.G.S. § 28A-20-1.

3) Determine who is entitled to receive the guns

• If the will specifically leaves a firearm to someone, follow that bequest unless unlawful.
• If the will is silent, firearms pass with the residuary personal property or under intestacy if there is no will.

The personal representative must confirm the recipient is legally eligible to possess the firearm.

4) Confirm recipient eligibility under North Carolina and federal law

• Felony convictions: North Carolina generally prohibits firearm possession by persons convicted of a felony, subject to limited restoration scenarios. See N.C.G.S. § 14-415.1.
• Minors and handguns: Minors are generally prohibited from possessing handguns, with narrow exceptions. See N.C.G.S. § 14-269.7.
• Federal disqualifiers (e.g., certain domestic violence convictions, restraining orders, unlawful users of controlled substances) also apply. See 18 U.S.C. § 922 (overview at law.cornell.edu).

5) Choose the correct transfer method

Non‑NFA firearms (most rifles, shotguns, standard handguns):

• In-state, person-to-person transfers: North Carolina repealed the pistol purchase permit requirement in 2023 (see S.L. 2023-8). There is no state registration for non‑NFA firearms. While NC law does not require a background check for private, in‑state transfers, the personal representative must not transfer to someone who is prohibited. Using a federally licensed dealer (FFL) to run a background check is strongly recommended.
• Out-of-state transfers: Federal law requires transfers to a non-licensee in another state to go through an FFL in the recipient’s state (18 U.S.C. § 922(a)(5)). The estate can ship the firearm to that FFL for delivery after the FFL completes its checks.

NFA firearms (e.g., suppressors/silencers, short‑barreled rifles/shotguns, machine guns):

• Do not transfer or even move NFA items across state lines without confirming legality and completing ATF steps.
• If the decedent owned the NFA item as an individual, the executor typically transfers it to a lawful heir tax‑free using ATF Form 5 (Application for Tax‑Exempt Transfer and Registration). See ATF forms at atf.gov.
• If the item was owned by a gun trust or entity, the trust remains the owner. Distributions out of the trust often require a tax‑paid ATF Form 4. The trustee should consult counsel to avoid unlawful possession.
• Keep NFA items secured until ATF approves the transfer. Do not deliver them early.

6) Document the transfer for the estate file

• Have the recipient sign a receipt describing each firearm by make, model, and serial number. Keep a copy with the estate records.
• If using an FFL, obtain a copy of the transfer paperwork or the FFL’s receipt to show the chain of custody.

7) Special situations to watch

• Specific bequest to a prohibited person: The personal representative cannot deliver a firearm to someone who cannot lawfully possess it. Work with counsel to redirect or sell the item and distribute proceeds consistent with the will and law.
• Guns with no obvious provenance: Before transfer, a personal representative may ask local law enforcement or an FFL to check whether a serial number appears as stolen. Keep the guns secured while you resolve questions.
• Estate sales: Selling firearms from the estate to raise cash must still comply with all state and federal laws. Using an FFL avoids most pitfalls.

Example: How this works

Suppose the will leaves “my firearms” to an adult child who lives in Virginia. The executor lists a 9mm pistol and a hunting rifle on the inventory, confirms the child is eligible to possess firearms, and arranges shipment from the estate to a Virginia FFL. The child completes all steps with the FFL and takes delivery. If the estate also includes a suppressor registered to the decedent, the executor files an ATF Form 5 to transfer it to the child tax‑free and waits for ATF approval before delivery.

Helpful Hints

• Photograph every firearm and record serial numbers as soon as you take control.
• If you find a suppressor or an unusually short rifle/shotgun, treat it as an NFA item until proven otherwise.
• Use an in‑state FFL even for private transfers; it adds a background check and clean documentation.
• Never give a handgun to a minor. See N.C.G.S. § 14-269.7.
• Do not transfer any gun to someone you know or reasonably should know is prohibited. See N.C.G.S. § 14-415.1 and 18 U.S.C. § 922(d).
• Out-of-state heirs must receive firearms through an FFL in their home state.
• Keep detailed receipts and include transfers in your estate accounting.
• Ask the clerk of court before disposing of any firearm if there is a pending objection or dispute.

Bottom Line and Next Steps

North Carolina estates can lawfully transfer firearms when the personal representative secures the guns, inventories them, confirms the recipient’s eligibility, and uses the appropriate transfer method—FFL for out‑of‑state transfers, and ATF Form 5 or Form 4 for NFA items. When in doubt, pause and get guidance. Mistakes can create criminal exposure and delay closing the estate.

If you are administering an estate with firearms, our North Carolina probate team can help you handle everything correctly and efficiently. Call us today at (919) 341-7055 for a consultation.