Transferring a Decedent’s Firearms During Probate in Missouri — Detailed FAQ

This FAQ explains how firearms owned by someone who has died are handled during probate in Missouri. It covers the practical steps an executor or family member should take, legal limits on who can receive guns, and special rules for regulated (NFA) firearms. This is educational only and not legal advice.

Quick overview: Who controls the decedent’s firearms during probate?

After someone dies, control of their personal property — including firearms — passes to the person legally authorized to manage the estate (the executor named in a will or an administrator appointed by the probate court). That personal representative must collect, secure, inventory, and eventually distribute estate property according to the will or Missouri intestacy law and any applicable criminal/firearms law.

Step-by-step: practical process for transferring firearms during probate

1. Secure the firearms immediately. Safety and public-safety concerns come first. If the family cannot safely secure firearms, contact local law enforcement for temporary custody advice or ask the sheriff’s office for guidance.
2. Locate the will and identify the personal representative. The named executor can act once the court issues letters testamentary. If there is no will, the court will appoint an administrator (letters of administration).
3. Open probate and obtain court authority. The personal representative should open probate in the county court where the decedent lived and obtain letters testamentary or letters of administration. See Missouri probate law for procedures: https://revisor.mo.gov/main/OneChapter.aspx?chapter=474
4. Inventory and appraisal. Missouri requires the personal representative to inventory estate assets. Create an inventory that lists each firearm (make, model, serial number, caliber, condition). Keep photos and receipts. See Missouri probate procedures: https://revisor.mo.gov/main/OneChapter.aspx?chapter=474
5. Check recipient eligibility before transfer. Do not transfer a firearm to anyone who is legally prohibited from possessing firearms (for example, certain convicted felons, people subject to qualifying restraining orders, or others disqualified under federal or state law). Federal prohibitions are found at 18 U.S.C. § 922(g): https://www.govinfo.gov/content/pkg/USCODE-2018-title18/html/USCODE-2018-title18-partI-chap44-sec922.htm. Missouri firearms law is in Chapter 571: https://revisor.mo.gov/main/OneChapter.aspx?chapter=571
6. Handle transfers of standard (non‑NFA) firearms. In Missouri, private transfers of common firearms between residents typically do not require a background check under state law, but federal rules still apply (do not transfer to a prohibited person). Many executors use a Federal Firearms Licensee (FFL) to run the National Instant Criminal Background Check System (NICS) voluntarily for protection and to document the transfer.
7. Handle National Firearms Act (NFA) items carefully. Short-barreled rifles, short-barreled shotguns, suppressors, and certain other weapons are regulated by the NFA. Transfers of NFA items on death have special federal paperwork and tax/payment and ATF approval requirements. Consult ATF guidance and an attorney or an FFL that handles NFA transfers before moving or transferring these items. See ATF and federal law for details: https://www.atf.gov/
8. If the intended recipient is prohibited, seek court instructions. If a person who would inherit a gun is prohibited from possessing firearms, do not give the gun to that person. Options include selling the firearm to a lawful buyer, transferring it to a lawful family member or FFL (with appropriate checks), or petitioning the probate court for instructions. The court can authorize a sale or direction to law enforcement if needed.
9. Document every step. Keep records of inventories, photographs, bills of sale, transfer paperwork, NICS transaction numbers (if applicable), receipts from an FFL, and any court orders authorizing disposition.

Key legal limits and checks to perform

• Do not transfer firearms to anyone listed in federal or state prohibitions (18 U.S.C. § 922(g); Missouri firearms statutes in Chapter 571). Check criminal convictions, certain protective orders, mental health adjudications, or other disqualifying events before any transfer. Federal prohibitions: https://www.govinfo.gov/content/pkg/USCODE-2018-title18/html/USCODE-2018-title18-partI-chap44-sec922.htm
• Comply with NFA rules for regulated items (ATF procedures and tax stamps). Do not move or transfer NFA items without following ATF rules. ATF resources: https://www.atf.gov/
• Follow the probate court’s orders and Missouri probate procedures (chapter 474 and related sections): https://revisor.mo.gov/main/OneChapter.aspx?chapter=474

Common scenarios and what to do

1) The will leaves guns directly to a named beneficiary

The personal representative must confirm the beneficiary is eligible. If eligible, transfer per the court-authorized distribution. Many personal representatives use an FFL to conduct the transfer and to create a permanent record.

2) No will (intestate) and multiple heirs

Distribute according to Missouri intestacy rules under probate court supervision. If heirs cannot agree about firearms (sentimental or high value), the representative can seek a court order to sell the firearms or distribute them after obtaining court approval.

3) The heir is a prohibited person

Do not transfer. Secure the firearms and consult the probate court or a probate attorney. The estate may need to sell the firearm or transfer it to a lawfully eligible person or FFL.

4) NFA firearm in the estate

Do not attempt to transfer without following ATF rules. Speak with an FFL experienced in NFA transfers and the probate court before action.

Helpful hints

• Secure firearms immediately; safety first. If in doubt, ask local law enforcement to temporarily hold them.
• Get letters testamentary or letters of administration before moving or distributing estate property.
• Document every firearm with photos, serial number, and inventory entry.
• Use an FFL to run a background check for private transfers. It provides a paper trail and reduces legal risk.
• For high-value or contested firearms, consider bonding an independent appraiser and seek court approval for sale or division.
• If an inheritor is under criminal investigation or has an uncertain criminal record, do not transfer the firearm until eligibility is confirmed.
• For NFA items, contact an ATF‑registered dealer before any physical transfer. They can help with Form 4/Form 5 processes and tax issues.
• When in doubt, consult a probate attorney in Missouri who handles estates with firearms to avoid criminal liability for improper transfers.

Where to read the law

Missouri probate law and procedures: https://revisor.mo.gov/main/OneChapter.aspx?chapter=474
Missouri firearms and weapons law: https://revisor.mo.gov/main/OneChapter.aspx?chapter=571
Federal prohibitions on firearm possession (18 U.S.C. § 922): https://www.govinfo.gov/content/pkg/USCODE-2018-title18/html/USCODE-2018-title18-partI-chap44-sec922.htm
ATF resources for NFA and transfer questions: https://www.atf.gov/

Final note / disclaimer

This article explains general legal principles and practical steps under Missouri law but is not legal advice. Every estate and case has unique facts that can change the legal analysis. If you are a personal representative, heir, or family member dealing with firearms after a death, consult a Missouri probate attorney or an ATF‑licensed dealer before transferring any firearm.