How to legally transfer a decedent’s firearms during probate in Maryland

Disclaimer: This is general information, not legal advice. I am not a lawyer. For decisions about a specific estate or transfer, consult a Maryland probate attorney and the Maryland State Police or a licensed firearms dealer.

Detailed answer — overview of the legal requirements and the probate process in Maryland

When someone dies in Maryland and they owned firearms, those firearms are estate property and must be handled during the probate process just like other assets. How you legally transfer those firearms depends on whether the estate is being probated, whether there is a will, who is appointed as personal representative (executor/administrator), and whether the proposed recipient is legally permitted to possess firearms under state and federal law.

Key legal principles

• Probate governs ownership: If the decedent left a will, the personal representative appointed by the probate court controls distribution of estate property, including firearms, according to the will and Maryland probate procedure. If there is no will, state intestacy rules determine who inherits.
• Federal and Maryland law control who may possess firearms: Even if the probate process gives someone title to a firearm, state and federal prohibitions (for example, felony convictions, certain protective orders, or other disqualifying conditions) can bar that person from possessing firearms. Federal law (18 U.S.C. § 922 and related provisions) makes it a crime for certain people to possess firearms; Maryland law adds additional rules and licensing requirements for handguns and certain other transfers.
• Some transfers require paperwork or must go through a licensed dealer: Maryland has regulatory requirements for handgun transfers (including Handgun Qualification License (HQL) requirements for purchasers and regulated transfer procedures). Private transfers of some types of firearms may require a background check or passage through an FFL (federal firearms licensee), depending on the weapon and circumstances.

Practical step-by-step process in probate (typical path)

1. Secure the firearms immediately. Safety first: store unloaded firearms in locked storage or have a licensed dealer or law enforcement temporarily hold them. Do not transfer a firearm to anyone until you have confirmed the recipient is legally allowed to possess it.
2. Identify estate documents and who is the personal representative. If there is a will, it may name a personal representative; that person must obtain letters testamentary or letters of administration from the probate court to act on behalf of the estate. Maryland Courts’ probate information is here: https://www.mdcourts.gov/probate.
3. Make an inventory and disclose firearms to the court as required. The personal representative should list firearms among estate assets on any inventory required by the probate court or as directed by local probate procedures. The probate court’s rules control how and when assets must be accounted for.
4. Check legal eligibility of proposed transferee(s). Before transferring a firearm from the estate, confirm the intended recipient is not federally or statutorily prohibited from possessing firearms (federal prohibitions under 18 U.S.C. § 922(g) and Maryland criminal statutes). If the transferee is prohibited, do not transfer; consult counsel about surrender or sale to a dealer or law enforcement. For federal guidance on prohibited persons and transfers, see the ATF: https://www.atf.gov.
5. Follow Maryland-specific transfer procedures for handguns and other regulated firearms. Maryland requires certain procedures for handgun transfers (including HQL-related rules for purchasers). Many private transfers of handguns must be conducted through an FFL or otherwise comply with Maryland law. If an estate transfer involves a handgun, check the Maryland State Police or the Handgun Administration Unit for the current transfer rules and HQL requirements. (Contact Maryland State Police for the most current rules and forms.)
6. If required, use a licensed firearms dealer (FFL) to facilitate the transfer. An FFL can perform required background checks and complete transfer paperwork. If the transferee needs to obtain required state permits or licenses (for example, an HQL for handguns), ensure those are in hand before transfer.
7. If the transferee is the beneficiary in the will or the intestate heir, complete the probate distribution steps. Once the court authorizes distribution (or the personal representative has authority under Maryland law to distribute small intestate estates without formal probate), the representative can transfer the firearm consistent with both the court’s instructions and firearms law (including any required dealer-processed transfer or background check).
8. Document the transfer. Keep records showing how and to whom each firearm was transferred, along with copies of the death certificate and letters of administration or testamentary. If a dealer performed the transfer, keep their transfer receipt and background-check confirmation.

Options when somebody cannot legally receive a firearm

• Surrender the firearm to local law enforcement. Police departments often accept surrendered firearms; procedures vary by jurisdiction.
• Sell the firearm through a licensed dealer. The estate can sell to a buyer through an FFL who will perform required checks.
• Transfer to a legally eligible heir or third party after court approval and completion of required paperwork.

Documentation commonly required for transfers during probate

• Certified copy of the decedent’s death certificate.
• Letters testamentary or letters of administration issued by the Maryland probate court authorizing the personal representative to act.
• Will or other estate planning documents, if applicable.
• Photo ID and any state firearm licensing (e.g., Maryland HQL) for the transferee, where required.
• Dealer transfer forms and background-check records if an FFL is involved.

Timing and urgency

There is often urgency to secure firearms to prevent theft, misuse, or accidental injury. While the probate process can take months, safety and legal compliance are immediate priorities. If a transferee is later found to be ineligible, the estate (and personal representative) can face criminal exposure if an illegal transfer took place.

Where to find authoritative Maryland resources

• Maryland Courts — Probate Division (forms, local procedures, and information): https://www.mdcourts.gov/probate
• Maryland State Police — firearms/handgun information and Handgun Qualification License details: contact the Maryland State Police or visit their firearms administration pages (for current HQL, transfer, and background-check rules).
• Federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) — federal rules on transfers and prohibited persons: https://www.atf.gov

Helpful hints

• Immediately secure all firearms after death; treat them as estate property subject to probate.
• Before any transfer, verify the recipient’s legal eligibility to possess firearms at both federal and Maryland state levels.
• Use a licensed firearms dealer (FFL) when in doubt — dealers can run background checks and handle paperwork correctly.
• Obtain and keep copies of the death certificate and letters of administration/testamentary before distributing firearms from an estate.
• Document every step in the chain-of-custody for each firearm to protect the personal representative and estate from later liability.
• If someone designated as a beneficiary or heir is a protected/restricted person (e.g., under a domestic violence protective order), do not transfer the firearm — get legal guidance immediately.
• Ask the probate court or a probate attorney about small-estate procedures — some small estates may allow simplified distribution, but legal requirements for firearms still apply.
• When in doubt, contact: the Maryland probate court clerk, a Maryland-licensed probate attorney, and the Maryland State Police or an FFL for transfer logistics.

Handling firearms in probate combines estate law and firearms law. Mistakes can have serious civil and criminal consequences. Talk with a Maryland probate attorney and the Maryland State Police or an FFL before you move, sell, or give a firearm from a decedent’s estate.