Disclaimer

This article explains general information about transferring firearms after someone dies in North Dakota. It is educational only and not legal advice. Consult a licensed North Dakota attorney or an appropriate agency for decisions about a specific estate.

Detailed Answer: Overview of the legal requirements and process

When a North Dakota resident dies owning firearms, the estate’s personal representative (executor or administrator) must locate, secure, inventory, and ultimately distribute those firearms according to the will or North Dakota probate law. Key legal considerations involve: (1) the personal representative’s authority under North Dakota probate law to collect and distribute estate property; (2) making sure any transferee is lawfully allowed to possess firearms; and (3) following federal and state transfer rules that may require transfer through a Federal Firearms Licensee (FFL) or other procedures.

1. Authority of the personal representative

Under North Dakota probate rules, the personal representative has the power to gather estate assets, prepare an inventory, and distribute property in accordance with the will or statute. See the North Dakota Century Code provisions on estate administration (Title 30) for statutory authority and duties. You can review the North Dakota statutes online: North Dakota Century Code (cencode). The representative should list each firearm on the estate inventory and note make/model/serial number and current condition.

2. Identifying beneficiaries and following testamentary instructions

If the decedent left a will that specifically disposes of firearms (leaves them to a named person or directs sale), the personal representative must follow those directions unless the court orders otherwise. If there is no will, North Dakota’s intestacy rules determine heirs; the representative distributes tangible personal property—such as firearms—according to those rules.

3. Check legal eligibility of proposed transferees

Even if the will leaves a firearm to someone, federal law (and sometimes state law) can prohibit certain people from receiving or possessing firearms (for example, certain felony convictions, certain domestic violence protections, or adjudicated mental incompetence). The personal representative should verify that any proposed recipient is not a prohibited person. Federal guidance and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) provide direction on transfers after death: ATF — Firearms and Deceased Persons.

4. Transfer mechanics — court approval, sale, or direct delivery

The typical paths for firearms in probate are:

• Direct distribution to an heir or devisee named in the will or identified under intestacy rules (if that person is legally allowed to possess firearms).
• Sale of firearms by the estate with proceeds becoming estate assets to be distributed to heirs or used to pay debts.
• If the recipient is out-of-state or federal law requires, transfer through an FFL (background check) may be necessary.

If heirs or beneficiaries contest the distribution, or if a proposed transferee’s eligibility is unclear, the personal representative should seek court direction before transferring the firearms. The North Dakota probate code contains procedures for obtaining court orders and guidance on distributing estate property: North Dakota Century Code — Title 30 (Administration of Estates).

5. Safety, storage, and liability

The personal representative has a duty to protect estate property. That duty includes securing firearms to prevent theft, accidents, or unlawful possession. Store firearms unloaded and locked, separate from ammunition. If the estate lacks secure storage, arrange temporary storage with law enforcement or a licensed FFL, and document the arrangement in the estate records.

6. Required documentation and recordkeeping

Document the chain of custody: inventory entries, photographs, written receipts to recipients, bills of sale (if sold), and court orders (if obtained). If you transfer a firearm through an FFL, preserve the FFL transfer records as appropriate.

7. When to contact authorities

If you discover evidence that a firearm was used in a crime or if a person seeking a firearm appears to be prohibited, contact law enforcement and the estate attorney. Do not transfer firearms to someone you reasonably believe is prohibited from possessing them.

Relevant North Dakota Resources and Statutes

• North Dakota Century Code — general code and search: https://www.legis.nd.gov/cencode
• North Dakota probate and administration statutes (Title 30): https://www.legis.nd.gov/cencode/t30
• Federal guidance on firearms and deceased persons: ATF — Firearms and Deceased Persons

Helpful Hints

• Secure firearms immediately. Prevent access by unauthorized people while you determine legal next steps.
• Inventory thoroughly: include serial numbers, photos, and location of each firearm in the estate inventory.
• Check whether the will specifically disposes of firearms. If it does, follow those directions unless the court orders otherwise.
• Confirm the recipient is not legally prohibited from owning firearms. When in doubt, use an FFL to process the transfer and a background check.
• If the decedent held a federal firearms license (FFL) or unusual collections (machine guns, NFA items), get specialized legal advice because additional federal paperwork and approvals may be required.
• Consider getting written releases or signed receipts from recipients to document transfers.
• If there is a dispute among heirs about firearms, ask the probate court to resolve distribution to avoid personal liability for the personal representative.
• If you suspect criminal activity or that a transferee is prohibited, contact local law enforcement or consult the state attorney general’s office.
• When selling firearms as part of estate administration, treat proceeds as estate assets and follow the probate procedures for sales and distributions under North Dakota law.