Short answer

In New Mexico, firearms that belong to a decedent are estate property. The personal representative (executor or administrator) must identify and secure the guns, follow the decedent’s will (or New Mexico intestacy rules), and transfer the firearms only to recipients who are legally allowed to possess them. The representative should document transfers, obtain court approval or follow court-ordered instructions when required, and use an FFL (federal firearms licensee) when an interstate transfer or sale to a dealer is involved. Federal prohibitions (18 U.S.C. §922) also apply and bar transfers to certain persons. This is a general overview — not legal advice.

Detailed answer

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

When a person dies, their firearms become part of the decedent’s estate. If the decedent left a will, it typically names a personal representative (executor). If there is no will, the court appoints an administrator. The personal representative has a fiduciary duty to gather, protect, inventory, and distribute estate property, which includes firearms, under New Mexico probate law (see New Mexico statutes listed below).

2. Immediate steps the personal representative should take

1. Secure the firearms immediately: store them unloaded and locked, and keep ammunition separate. Safety and chain-of-custody reduce liability and theft risk.
2. Inventory and photograph each firearm as part of the estate inventory. Note make, model, caliber, serial number, and approximate value.
3. Check the will and any written instructions from the decedent about disposition of firearms.
4. Determine whether prospective recipients are legally allowed to possess firearms under federal and state law.

3. Who can receive the firearms?

Firearms may pass to beneficiaries under the will or by intestacy rules if no valid will exists. However, no transfer is lawful if the recipient is prohibited under federal or state law (for example, certain felony convictions, certain domestic-violence misdemeanors, or active protective orders can bar possession). Federal law makes it a crime to transfer firearms to prohibited persons (see 18 U.S.C. §922(g)).

4. Do you need a court order to transfer guns during probate?

Often the personal representative can distribute tangible personal property under authority granted by the will or by routine probate procedures. But if there is any question about who should receive the guns, competing claims, or a beneficiary who may be prohibited from owning firearms, the representative should seek a court order clarifying distribution before transferring the firearms. The probate court can approve or direct transfers to avoid later personal liability for the representative.

5. Background checks, FFLs, and interstate transfers

Federal law governs whether a background check or a federally licensed dealer (FFL) is required. If the transfer crosses state lines or is a sale involving an FFL, the receiving party must go through the FFL transfer process (which includes the NICS/background check). For intrastate, private transfers, federal law does not always require an FFL—but the representative must still ensure the recipient is not a prohibited person. When in doubt, using an FFL for the transfer documents the transaction and helps ensure compliance with federal rules.

6. If a recipient is prohibited from owning firearms

If a named beneficiary cannot legally receive firearms, the personal representative must not transfer the guns to that person. Available options include:

• Petitioning the probate court for instructions or alternate distribution.
• Selling the firearms to a licensed dealer and adding the proceeds to the estate.
• Surrendering firearms to local law enforcement in accordance with local and state procedures.

7. Documentation and closing the estate

Document every step: inventory records, photographs, transfer receipts, court orders, and any communications about disposition. Good records protect the personal representative from future claims. If the transfer required court approval, keep the order in the estate file. If firearms are sold, keep a copy of the bill of sale and any FFL transfer records.

8. When to consult an attorney

Talk to a probate attorney if the estate has: multiple or high-value firearms; disputed ownership; beneficiaries who may be prohibited persons; potential criminal exposure; or if you are unsure whether a transfer requires court approval. An attorney can prepare petitions, request court instructions, and coordinate lawful transfers through FFLs when needed.

Relevant New Mexico and federal authorities

• New Mexico Probate Law (NMSA Chapter 45) — see New Mexico Statutes for probate rules and the personal representative’s duties: https://www.nmlegis.gov/Legislation/Statutes (search for Chapter 45, Probate).
• Federal firearm prohibitions — 18 U.S.C. §922 and related federal law on prohibited possessors and transfers: https://www.law.cornell.edu/uscode/text/18/922.
• ATF information about fiduciaries and firearm disposition in probate/guardianship contexts: https://www.atf.gov/ (search ATF guidance on probate/estate administration).

Helpful Hints

• Secure firearms right away. Don’t leave guns in an unlocked vehicle or unattended.
• Make a clear inventory with serial numbers and photos before moving any firearm.
• Confirm a beneficiary’s legal eligibility to possess a firearm before distributing it.
• If a transfer crosses state lines, plan to use an FFL and a background check.
• When in doubt, get a probate court order instructing how to handle the firearms to limit personal liability.
• Keep complete transfer records (receipts, court orders, FFL forms) in the estate file.
• Consider consulting a probate attorney early if the estate includes multiple firearms, valuable or historic guns, or conflicting beneficiary claims.
• If you suspect a beneficiary is a prohibited person, do not attempt a private transfer; contact counsel or law enforcement for guidance on lawful disposition.