Understanding How a Decedent’s Firearms Are Transferred During Probate in New Jersey

Quick summary: When someone dies in New Jersey, the person handling the estate (executor or administrator) must secure the decedent’s firearms, follow probate rules about possession and distribution, and make sure any transfer complies with New Jersey firearms laws and federal law. If a proposed recipient is legally prohibited from owning firearms, the firearm cannot be delivered to that person and must be surrendered, sold to a licensed dealer, or otherwise lawfully disposed of.

Detailed answer — step‑by‑step under New Jersey law

1. Who controls the decedent’s firearms during probate?

When a person dies, control of their personal property—including firearms—passes to whoever is legally appointed to manage the estate. If there is a valid will, the executor named in the will (once appointed by the Surrogate’s Court) handles estate property. If there is no will, the court appoints an administrator. The New Jersey Courts Surrogate Division explains basic probate duties and how a personal representative is appointed: NJ Courts — Surrogate Division.

2. Immediate practical duties for the executor/administrator

• Secure firearms immediately to prevent loss, theft, or access by prohibited persons.
• Make an inventory of estate assets, including firearms, and list serial numbers, make, model, and quantity.
• Determine ownership: check whether the firearm was held solely in the decedent’s name, jointly with rights of survivorship, or titled to another person or entity. Property held in joint tenancy usually passes outside probate to the surviving co‑owner.

3. Who can legally receive firearms in New Jersey?

New Jersey law restricts firearm ownership. A prospective recipient must not be a prohibited person (for example, a convicted felon, certain domestic violence offenders, or persons subject to disqualifying mental‑health commitments). In New Jersey you typically need a Firearms Purchaser Identification Card (FPIC) to possess rifles and shotguns and a permit to purchase a handgun for handguns; private transfers are tightly regulated. See general state firearms resources at the New Jersey State Police: NJ State Police — Firearms. Federal NFA items (machine guns, short‑barreled rifles, suppressors) require ATF approval for transfer: ATF — Firearms.

4. How do you lawfully transfer a decedent’s firearm to a beneficiary?

1. Confirm the beneficiary’s eligibility. Request proof of a current FPIC or handgun purchase permit if applicable. If the beneficiary lacks the required card or permit, they cannot legally receive the firearm.
2. If the firearm is a federally regulated NFA item, obtain ATF approval (e.g., Form 4 for transfers to individuals) before completing the transfer.
3. If state law requires a background check or dealer involvement for private transfers, conduct the transfer through a Federal Firearms Licensee (FFL) or follow the NJ process for private transfers. In practice, many executors use an FFL to accept the firearm on behalf of the estate and transfer to the buyer or beneficiary once the buyer has the required authorizations.
4. Record the transfer in the estate inventory and retain receipts or dealer transfer paperwork for the estate file and for any court accounting the Surrogate’s Court may require.

5. What if a beneficiary is a prohibited person or cannot get the required credentials?

You cannot lawfully transfer the firearm to a prohibited person. The executor must arrange a lawful disposition. Typical options include:

• Surrender the firearm to local law enforcement.
• Sell the firearm to a licensed dealer (FFL) and deposit sale proceeds into the estate account.
• Transfer the firearm to a qualified third party who holds proper credentials, if state and federal law allow and all legal transfer requirements are met.

6. Jointly owned firearms and non‑probate transfer issues

If a firearm was owned jointly with rights of survivorship, it generally passes automatically to the surviving co‑owner without probate. Executors should verify title and ownership documents and avoid interfering with non‑probate transfers, while still ensuring the transferee is legally permitted to possess the weapon.

7. Special categories of firearms

NFA firearms (fully automatic weapons, short‑barrel rifles, suppressors, etc.) require separate federal transfer approvals through the ATF. For those items, executors must follow ATF procedures (Form 4, tax stamps, etc.) before any transfer can lawfully proceed: ATF — National Firearms Act (NFA).

8. Probate court oversight and documentation

The Surrogate’s Court has authority to supervise estate administration. Executors should keep clear records of inventory, attempts to verify recipient eligibility, and the ultimate disposition of each firearm. If disputes arise among heirs, the court can resolve questions about the appropriate distribution.

Relevant New Jersey resources and statutes

• NJ Courts — Surrogate Division / probate information: https://www.njcourts.gov/selfhelp/surrogates/index.html
• New Jersey Legislature — statutes search and Title listings: https://www.njleg.state.nj.us/
• NJ State Police — firearms information (applications, cards, permits): https://www.njsp.org/firearms/
• ATF — federal rules for firearm transfers and NFA items: https://www.atf.gov/firearms

Helpful hints

• Secure all firearms immediately and document chain of custody. Photographs and a written log help prevent disputes.
• Check whether firearms were jointly owned; joint ownership can avoid probate for that item.
• Require beneficiaries to show current, valid New Jersey credentials (FPIC or handgun purchase permit) before transferring long guns or handguns.
• For private sales or transfers, consider using a licensed dealer (FFL) to handle the paperwork and background checks; it reduces risk to the personal representative.
• If you suspect a potential recipient is prohibited, do not transfer the firearm. Contact local law enforcement or the Surrogate’s office to learn acceptable surrender or sale procedures.
• Keep receipts, dealer transfer forms, ATF approvals (if applicable), and all correspondence in the estate file. The Surrogate’s Court may require an accounting.
• When in doubt, consult a probate attorney and, for gun‑specific questions, contact the New Jersey State Police firearms unit or an FFL. This article is not a substitute for legal advice.

Disclaimer: This article explains general principles under New Jersey law but is not legal advice. Laws change and each case has unique facts. Consult a qualified probate or firearms attorney and the appropriate state agencies before acting.