What are the legal requirements and process for transferring a decedent’s firearms during probate in Ohio (OH)?

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

FAQ: Transferring a Decedent’s Firearms During Probate in Ohio

Short answer: The estate’s personal representative (executor/administrator) must secure the firearms, follow probate property and distribution rules, and complete any federal and state firearm transfer requirements. Transfers that would place a firearm into the hands of someone legally prohibited are unlawful. Consult the probate court and, for complicated transfers (NFA items, interstate transfers, or potential prohibited recipients), contact an attorney and the ATF.

Detailed Answer — Step‑by‑step process under Ohio law

1) Secure the firearms immediately

When someone dies, relatives or the person in charge should secure any firearms so they are safe and cannot be accessed by unauthorized or prohibited persons. If you are the personal representative (executor/administrator), document where each firearm was found and its condition. Secure storage reduces risk and protects estate value.

2) Identify the personal representative and check the will

The person named in the will (executor) or the court‑appointed administrator controls estate property during probate. The personal representative is responsible for collecting estate assets, which includes firearms, and distributing them according to the will or Ohio intestacy law if there is no valid will. For information about Ohio probate courts and administration practice, see the Ohio Probate Courts website: https://probatecourts.ohio.gov/.

3) Inventory and account for estate property

The personal representative must inventory and value estate assets as required by the probate court and Ohio law. Firearms are part of the personal property to be inventoried. Follow the probate court’s deadlines for filing inventories and accountings. If you are unsure about the court’s requirements, contact the clerk of the local probate court for forms and deadlines.

4) Check state and federal restrictions before transfer

Before transferring any firearm, confirm the proposed recipient may legally possess firearms. Federal law and Ohio law prohibit transfers to certain categories of people (for example, felons, people under certain mental health adjudications, persons subject to specific protection orders). The federal prohibition language is in 18 U.S.C. §922; see: 18 U.S.C. §922. Ohio’s weapons laws are in Chapter 2923 of the Ohio Revised Code: Ohio Rev. Code Chapter 2923 (Weapons).

5) How transfers commonly occur

  • Distribution to an heir named in the will or determined under intestacy: the personal representative may transfer firearms to an heir as part of regular estate distribution, provided the recipient is legally eligible to possess the firearm.
  • Sale or transfer through a federally licensed dealer (FFL): if an heir is not eligible or you prefer a sale, the personal representative can sell estate firearms. Sales through an FFL require the dealer to conduct required federal background checks and comply with recordkeeping.
  • Private transfer between eligible individuals inside Ohio: Ohio does not require a state‑level universal background check for all private sales, but federal law still applies and an estate transfer must not result in a firearm going to a prohibited person.

6) Special rules for NFA (regulated) items

If the decedent owned National Firearms Act (NFA) items — machine guns, short‑barreled rifles/shotguns, suppressors, etc. — transfers follow ATF procedures that are more complicated than a simple gift. The ATF administers NFA transfer rules and tax stamps. Consult ATF guidance early: https://www.atf.gov/firearms/nfa. For NFA items, do not move or transfer until you confirm the correct ATF forms and approvals are in place.

7) If the intended recipient is prohibited

If a would‑be recipient is prohibited from possessing firearms, the personal representative must not transfer firearms to them. Options often include transferring the firearm to another eligible heir, selling it through an FFL, surrendering it to law enforcement, or following court instructions. Transferring to a prohibited person can trigger criminal liability under federal and state law.

8) Interstate transfers

If the beneficiary lives in another state, federal law limits interstate transfers of firearms to those made through an FFL in the receiver’s state (for handguns) or follow federal and ATF guidance. Consult an FFL and ATF resources before shipping or delivering firearms across state lines.

9) Keep careful records

Document each firearm’s make, model, serial number, value, the person who received it, and how the transfer occurred (gift, devise under will, sale, surrender). Good records protect the personal representative and help the probate court and heirs.

10) When to consult a lawyer

Get legal advice if any of the following are true: the estate includes NFA items; a potential recipient might be a prohibited person; there is a dispute among heirs about firearms; or you are unsure about the probate court’s inventory or distribution obligations. An attorney can guide compliance with Ohio probate rules and federal firearms laws.

Helpful Hints

  • Secure firearms immediately and safely to prevent accidents and unauthorized access.
  • Identify whether any firearms are NFA items before moving them; NFA items require ATF approval for transfer. See: ATF Firearms.
  • Confirm the legal status of any prospective recipient. A quick check can prevent criminal liability and estate disputes.
  • If selling through a dealer, use an FFL to ensure compliance with federal background check and recordkeeping requirements.
  • Keep copies of any probate filings, inventories, receipts, and transfer paperwork in the estate file.
  • If heirs disagree about firearms, consider using a neutral appraiser or mediator to avoid costly litigation.
  • When in doubt, contact the local probate court clerk for procedural questions and an attorney for legal questions specific to your facts.

Disclaimer: This article is for general information only and does not create an attorney‑client relationship. It is not legal advice. Laws change and the specifics of any situation matter. For guidance tailored to your circumstances, consult a licensed Ohio attorney and, for federal firearms questions, the ATF.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.