Transferring a Decedent’s Firearms During Probate in New Hampshire — FAQ

Quick answer: In New Hampshire, firearms owned by a person who has died are estate property and are distributed through the probate process by the personal representative (executor or administrator). The personal representative must follow probate procedures for inventory and distribution, ensure any transferees are legally permitted to possess firearms under federal and state law, and use required federal transfer procedures (FFL/NICS, and ATF processes for NFA items) where applicable.

Detailed answer — step-by-step process and legal considerations

1. Immediately secure the firearms

First steps are safety and preservation. Firearms should be secured in a locked container, safe, or with a trigger lock and stored separately from ammunition. This protects public safety and preserves estate value. If there is any sign the decedent was prohibited (e.g., court order, active felony conviction), contact the decedent’s attorney or local law enforcement for guidance.

2. Identify the personal representative and open probate

If the decedent left a valid will, the named executor should submit the will to the probate court and be appointed personal representative. If there is no will, the court will appoint an administrator. The New Hampshire probate court explains how to open an estate and the duties of a personal representative: https://www.courts.state.nh.us/nhprobate/.

3. Inventory and value estate property (including firearms)

The personal representative must inventory the decedent’s personal property. Firearms are part of the personal property inventory. Document make, model, caliber, serial number, and condition. Keep photos and receipts for appraisal or sale. The probate court requires inventories and accountings as part of estate administration (see the New Hampshire probate court guidance above and the state statutes available at https://www.gencourt.state.nh.us/rsa/html/).

4. Determine who will receive the firearms

Distribution follows the decedent’s will. If there is no will, distribution follows New Hampshire intestacy rules administered by the personal representative. The representative must not transfer a firearm to anyone who is federally or state prohibited from possessing firearms (for example, certain felony convictions, restraining orders, adjudicated mental incompetence). Federal prohibitions are found in 18 U.S.C. §922 and related provisions: https://www.law.cornell.edu/uscode/text/18/922.

5. Check whether the transferee is legally allowed to receive the firearm

Even if the estate directs a transfer, the recipient must be legally permitted to possess the firearm. The personal representative should verify the recipient is not a prohibited person. For transfers involving a federally licensed dealer (FFL), a background check through the National Instant Criminal Background Check System (NICS) will occur: https://www.fbi.gov/services/cjis/nics.

6. Use the correct transfer method — private transfer vs. FFL vs. ATF/NFA process

– Transfers within New Hampshire between private individuals: New Hampshire does not require a state permit to purchase firearms. However, federal law still prohibits transfers to prohibited persons. If the representative transfers a firearm directly to a beneficiary who is in-state and not prohibited, NH law does not impose an extra transfer licensing step. Still, document the transfer carefully (bill of sale, signed receipt).
– Interstate transfers: If the firearm is going out of state, the transfer typically must be processed through an FFL in the recipient’s state. Federal law restricts interstate private transfers of firearms (handguns in particular). See 18 U.S.C. §922 and ATF guidance.
– NFA-regulated firearms (short-barreled rifles, suppressors, machine guns, etc.): These items require ATF approval and specific transfer forms (e.g., Form 4 for transfers to individuals, Form 5 for transfers from an estate in certain circumstances). Visit ATF NFA resources for the exact process: https://www.atf.gov/firearms/nfa.

7. If the intended recipient is prohibited

If a beneficiary is prohibited from possessing firearms, the personal representative cannot lawfully deliver the firearm to that person. Options include transferring the firearm to a law-abiding third party through an FFL sale (with background check), selling the firearm and including proceeds in the estate, or surrendering the firearm to law enforcement. Keep full documentation of whatever step is taken.

8. Recordkeeping and receipts

Document each transfer with date, names, identification, serial numbers, and signatures. This protects the personal representative from liability and creates a clear accounting for the probate record. The probate court will require accountings and may require proof of distribution to close the estate.

9. Consider insurance, taxes, and appraisals

Firearms of significant value may need professional appraisal for estate tax or insurance purposes. Include valuations in the estate inventory and discuss tax questions with a qualified advisor.

10. When to get legal help

Obtain an attorney experienced in New Hampshire probate and firearms law when the estate includes: NFA items, out-of-state beneficiaries, potential prohibited recipients, disputes among heirs, or complex valuations. An attorney can help ensure compliance with NH probate procedures and federal firearms law.

Key legal authorities and resources

• New Hampshire Probate Court — instructions, forms, and procedures: https://www.courts.state.nh.us/nhprobate/
• New Hampshire Revised Statutes (general code repository): https://www.gencourt.state.nh.us/rsa/html/
• Federal firearms law (18 U.S.C. §922 and related provisions): https://www.law.cornell.edu/uscode/text/18/922
• National Instant Criminal Background Check System (NICS): https://www.fbi.gov/services/cjis/nics
• Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) — NFA and transfer guidance: https://www.atf.gov/firearms/nfa

Helpful Hints

• Secure firearms immediately. Safety first — before probate paperwork.
• Open probate promptly if the estate contains firearms. The personal representative’s legal authority to act generally comes from probate appointment.
• Document everything: inventories, photographs, serial numbers, communications, and signed receipts for transfers.
• Confirm recipient eligibility. A lawful bequest does not override federal prohibitions on possession.
• Use an FFL for interstate transfers and when selling estate firearms to third parties. This reduces legal risk and ensures required background checks occur.
• Handle NFA items only after consulting ATF procedures — they have specialized forms and waiting periods.
• If in doubt, consult a New Hampshire probate attorney. Complex estates and firearms issues carry civil and criminal risks.

Disclaimer: This information is educational and general. It is not legal advice and does not create an attorney-client relationship. Laws change and facts vary by case. For advice specific to your situation, consult a licensed New Hampshire attorney experienced in probate and firearms law.