Detailed Answer — What you need to know under Virginia law

When a person dies in Virginia, firearms that belonged to the decedent are estate property. Handling and transferring those firearms during probate raises two separate legal issues: (1) estate administration rules under Virginia probate law and (2) firearms-transfer and possession laws (federal and state). Both must be followed before giving a gun to a beneficiary or other person.

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

The personal representative (executor named in a will, or administrator appointed by the court if there is no will) is the person authorized to collect, inventory, safeguard, and ultimately distribute estate property, including firearms. Virginia’s estate and probate laws (Title 64.2 of the Virginia Code) govern the personal representative’s powers and duties; see Va. Code Title 64.2 for general rules on administration and distribution: Va. Code Title 64.2 — Wills, Trusts, and Administration of Estates. The personal representative must act according to the will (if any), the Virginia statutes, and any orders from the probate court.

2. Who may legally receive a firearm?

Federal law bars certain categories of people from receiving or possessing firearms (for example, persons convicted of certain felonies, persons subject to some protective orders, certain adjudications for mental illness, unlawful immigrants, etc.). See 18 U.S.C. § 922(g) for the federal prohibitions: 18 U.S.C. § 922. Virginia law also contains prohibitions and rules about transfers and possession; see the Virginia weapons provisions in Title 18.2, chapter on weapons: Va. Code Title 18.2, Chapter 7 (Weapons).

Before transferring a firearm, the personal representative must verify that the intended recipient is legally permitted to receive and possess the firearm. If the recipient is a federally or state-prohibited person, the transfer is illegal.

3. Practical transfer paths and legal considerations

• Transfer to an eligible beneficiary who is in-state: If the beneficiary is legally eligible, the personal representative may transfer the firearm to that beneficiary. Many trustees and representatives use a federally licensed firearms dealer (FFL) to perform the transfer and run a NICS background check to document legal transfer. This creates a clear paper trail and helps ensure compliance with federal law.
• Transfer to an eligible out-of-state beneficiary: Interstate transfers of firearms typically must go through an FFL in the recipient’s state. The decedent’s estate or personal representative should coordinate with an FFL to comply with federal and the recipient state’s laws.
• If a transferee is prohibited: If a beneficiary or another person is prohibited from possessing firearms, the personal representative must not transfer the firearm to that person. Options include selling the firearm to an FFL, surrendering the firearm to local law enforcement, or asking the probate court for instructions or a court order directing disposition.
• Court approval where there is uncertainty or dispute: If the will directs distribution of firearms in a way that may be illegal (for example, leaving guns to a person who may be prohibited), or if beneficiaries disagree, the personal representative should seek guidance from the probate court. The court can issue orders to clarify proper disposition.

4. Records, inventory, and notifying the court

The personal representative should inventory firearms as part of the estate inventory and keep records of how each firearm was disposed of (who received it, whether an FFL handled the transfer, NICS check results, sale receipts, or law enforcement receipts). Virginia probate rules require accurate accounting to the court and beneficiaries. See general probate and inventory rules at Va. Code Title 64.2.

5. Safety, storage, and immediate actions

Secure all firearms immediately. If the decedent’s firearms appear in a volatile or unsafe environment (e.g., risk of theft or of a prohibited person accessing them), contact local law enforcement for temporary safe custody. Do not hand a firearm to a person unless you are reasonably certain the person may legally possess firearms and you follow applicable transfer procedures.

6. Federal background checks and FFLs

Federal law requires licensed firearm dealers to conduct a background check through the FBI’s NICS system before transferring a firearm to an unlicensed buyer. Many personal representatives use an FFL to run the background check and to document lawful transfer, even for transfers to family members, because the FFL creates an official record and handles interstate transfer rules where needed. For information on NICS and background checks, see the FBI’s NICS page: FBI — NICS.

7. When to consult the probate court or an attorney

Consult the probate court or a probate attorney if:

• The will directs transfer of firearms to someone who may be legally disqualified;
• Multiple beneficiaries dispute who should receive a firearm;
• A firearm’s title or serial number is missing or the firearm may be contraband; or
• There is any question about interstate transfer requirements or how to complete a lawful transfer.

8. Quick statutory references (Virginia and federal)

Virginia probate law (general authority and duties of personal representatives): Va. Code Title 64.2.

Virginia weapons and transfer provisions (see provisions on unlawful transfers and prohibited persons): Va. Code Title 18.2, Chapter 7 (Weapons); specific transfer prohibitions are located in relevant sections of Title 18.2.

Federal prohibitions on firearm possession and transfer: 18 U.S.C. § 922.

Helpful Hints — Practical steps for executors, beneficiaries, and family

• Secure firearms immediately: lock them in a safe or contact law enforcement for temporary custody if you cannot secure them safely.
• Don’t guess about eligibility: if you are not sure whether a beneficiary is legally allowed to possess firearms, use an FFL and a NICS check, or seek legal advice before transferring.
• Use an FFL for transfers, especially for out-of-state recipients — it creates a clear legal paper trail and addresses interstate-transfer rules.
• Document everything: inventory each firearm (make, model, caliber, serial number), who had custody, and how it was transferred or disposed of; save receipts and transfer records for the probate file.
• If a firearm appears to be stolen, altered, or missing a serial number, contact law enforcement before attempting any transfer.
• When in doubt, ask the court: if the will’s directions conflict with firearms law or beneficiaries contest distribution, petition the probate court for instructions.
• Consult a local probate attorney: estate administration and firearms law intersect; a lawyer familiar with Virginia probate and firearms rules can reduce risk and help follow correct procedures.
• Remember federal rules: even if Virginia law would allow a transfer, federal prohibitions can still make a transfer illegal.