Disclaimer: This is general information, not legal advice. I am not a lawyer. For advice about a specific estate, contact a Washington attorney who handles probate and firearms law.
Quick answer — how firearms are handled in a Washington probate
When someone dies in Washington, firearms they owned are estate property. The personal representative (executor) must locate and secure those firearms, treat them as part of estate assets, follow the will (or Washington intestacy rules) for distribution, and comply with Washington and federal firearms-transfer laws (including background-check requirements and National Firearms Act rules for certain weapons). See Washington’s probate statutes (RCW Title 11) and state firearms laws (RCW Title 9.41).
Detailed answer — step-by-step process under Washington law
1. The personal representative’s duties
After the court appoints a personal representative (also called an executor or administrator), that person has custody and control of the decedent’s property, including firearms. The personal representative must inventory and safeguard estate assets and use reasonable care in protecting them while probate proceeds. See Washington probate law in RCW Title 11.
2. Secure firearms immediately
Firearms should be removed from unsecured areas and stored safely to prevent theft, misuse, or accidental injury. If someone with a lawful, immediate need (a named beneficiary or law enforcement) asks for access, the personal representative should still confirm legal eligibility to possess firearms before transferring possession.
3. Determine ownership and what the will (or intestacy) says
If a valid will specifically bequeaths guns to named people, the personal representative follows those directions subject to legal limits. If there is no will, Washington’s intestacy rules decide who inherits: spouse, children, parents, or other relatives. See RCW Title 11, Chapter 11.04 for intestate succession rules.
4. Check recipient eligibility under state and federal law
The person receiving a firearm must be legally permitted to possess one. Federal law (18 U.S.C. § 922 and related rules) and Washington law prohibit possession by certain people—for example, convicted felons, those subject to certain restraining orders, and some people with specific mental health commitments. The personal representative should verify that a proposed recipient is not prohibited before transferring firearms.
5. Comply with Washington transfer rules and background checks
Washington enforces state firearm-transfer rules in addition to federal requirements. Most transfers require a background check or a transfer through a licensed dealer. There are limited statutory exemptions for certain intrafamily transfers or temporary possession, but those exceptions are narrow. Before making a transfer, consult the Washington statutes in RCW Title 9.41 (Firearms) and the Washington State Patrol or a licensed firearms dealer about compliance and required forms.
6. Special federal rules for NFA items
If the estate includes National Firearms Act (NFA) items (for example, short-barreled rifles, shotguns, suppressors, machine guns manufactured after 1986, or other regulated devices), federal transfer procedures apply. These transfers require ATF approval, tax stamps, and specific paperwork. See ATF guidance: ATF — National Firearms Act.
7. Document the transfer
When a firearm leaves the estate, the personal representative should document the transfer: who received it, their legal eligibility, any background check or dealer paperwork, and the probate records authorizing the distribution (e.g., letters testamentary). Keep copies in the estate file in case creditors or heirs later question the action.
8. If an heir is prohibited from possessing firearms
If the person who would inherit is legally barred from possession, the personal representative cannot give the firearm to that person. The representative must seek court instructions or otherwise dispose of the firearm per law—possible options include transferring to a lawful family member, selling through a dealer (with background check), or turning over to law enforcement. Get court approval when in doubt.
9. When you need court permission
If the will is unclear, heirs dispute ownership, or a proposed transfer raises legal concerns (e.g., recipient’s eligibility), the personal representative should ask the probate court for instructions or an order approving a specific transfer. A court order protects the representative from later liability.
Typical timeline and required documents
- Obtain death certificate(s).
- File for probate and obtain letters testamentary or letters of administration from the Superior Court (county probate court).
- Inventory estate assets, including firearms (file inventory per RCW probate rules).
- Verify recipient eligibility and complete any required background checks or dealer paperwork before transfer.
- Document transfers in the estate file and distribute per will or court order.
Practical hypothetical example
Hypothetical: Jane is the personal representative for her father’s estate. She finds two handguns and a rifle. The will leaves all personal property to Jane. Before handing the guns to her, she confirms she is not prohibited from possessing firearms. She brings the guns to a licensed dealer to perform a state background check and obtains documentation of the transfer. She adds copies of the background-check receipts and a signed bill of sale to the estate records. If her brother (an heir) were a convicted felon, she would not transfer any firearm to him and would seek court instructions about selling the firearms or transferring to a lawful recipient.
Helpful Hints
- Secure firearms immediately and store them safely—this protects the estate and reduces legal risk.
- Do not give a gun to anyone without confirming they can legally possess it.
- Use a licensed firearms dealer to handle transfers and background checks when unsure; dealers know process and paperwork.
- Keep careful records: inventory, court documents, background-check receipts, bills of sale, and any court orders approving transfers.
- Be cautious with NFA items—follow ATF rules; failure to comply can trigger federal criminal liability. See ATF NFA info: https://www.atf.gov/firearms/nfa.
- If heirs disagree or a recipient may be legally prohibited, ask the probate court for instructions before transferring.
- Consult both a probate attorney and a knowledgeable licensed firearms dealer or law enforcement for practical steps and to confirm compliance with Washington law (see RCW 9.41 and RCW Title 11).
If you want, I can: summarize the specific RCW sections that likely apply, draft a checklist you can use while administering an estate, or suggest questions to ask a Washington probate attorney or licensed dealer.