Detailed Answer

When someone dies in Wisconsin, their firearms are part of the decedent’s personal property and must be handled through the estate administration process. The personal representative (executor or administrator) has the authority—and the responsibility—to inventory, secure, and distribute estate property in accordance with the will or Wisconsin intestacy law. In addition to probate rules, federal and state firearms laws may restrict who can receive firearms and how transfers may occur. Below is a practical, step-by-step overview of the legal requirements and typical process.

1. Identify and secure the firearms immediately

As soon as possible, the personal representative should locate, inventory, and secure all firearms. This reduces risk of theft, misuse, or accidental injury. Keep firearms unloaded and locked separately from ammunition.

2. Confirm who has legal authority under Wisconsin probate law

Only the personal representative named in the will or appointed by the probate court may legally take custody of and distribute estate assets, including firearms. If there is no admitted will, the court will appoint an administrator under Wisconsin probate procedures. If you need to verify forms, procedures, or forms for opening an estate, use the Wisconsin Courts self-help probate resources: https://www.wicourts.gov/services/public/selfhelp/estate.htm

3. Follow the will (or Wisconsin intestacy rules) for distribution

The personal representative should distribute firearms according to the decedent’s valid will. If the will gives a firearm directly to a beneficiary, the representative still must ensure the transfer complies with firearms laws. If no will exists, distribute under Wisconsin intestacy rules, after paying estate debts and creditors.

4. Check whether the recipient is legally permitted to possess firearms

Federal and state law prohibit certain people from possessing firearms (for example, persons convicted of certain felonies, certain domestic violence offenders, or persons subject to qualifying restraining orders). Before transferring any firearm, the personal representative should confirm that the intended recipient is legally eligible to possess firearms. Federal law (18 U.S.C. § 922) sets baseline prohibitions on possession and transfer; see an accessible federal summary: https://www.law.cornell.edu/uscode/text/18/922. If you have concerns about a recipient’s eligibility, consult an attorney or a licensed firearms dealer.

5. Determine the proper transfer method (private transfer vs. dealer transfer)

How a transfer must occur depends on federal law and Wisconsin practice. In many cases:

• If the recipient is a prohibited person, the personal representative must not transfer the firearm and should instead secure it, consult counsel, or transfer it to a licensed firearms dealer for lawful disposition.
• For transfers that trigger federal requirements (for example, transfers of handguns or transfers across state lines), using a Federal Firearms Licensee (FFL) to conduct the transfer and run the National Instant Criminal Background Check System (NICS) is common and often the safest legal route. Federal NICS information: https://www.fbi.gov/services/cjis/nics
• If the firearm stays within Wisconsin and the recipient is legally eligible, the estate representative may be able to complete a direct transfer locally. However, rules differ for types of firearms and for whether a background check is required. When in doubt, complete the transfer through an FFL to document the sale or gift and to run the required background check.

6. Use the probate court if necessary

If the estate has conflicts (for example, contested ownership, disputes among heirs, or uncertainty about who may legally possess a firearm), the personal representative can petition the probate court for instructions or an order allowing a particular transfer. The court can issue directions to protect the estate representative from liability.

7. Keep thorough records

Document every step: inventory lists, receipts, transfer records, communications with beneficiaries, and any NICS or FFL paperwork. Good records help show the representative acted reasonably and complied with legal obligations.

8. If a beneficiary is prohibited from possessing firearms

If the intended recipient cannot legally possess firearms, the representative should not give the firearm to them. Options include selling the firearm to a licensed dealer, transferring it to a lawful third party who is eligible, or surrendering it to law enforcement. Consult counsel to choose the safest, lawful path.

Where to find Wisconsin-specific probate guidance

For step-by-step probate procedures, forms, and local court rules, use Wisconsin Courts resources: https://www.wicourts.gov. For general Wisconsin legal information and firearm safety resources, see the Wisconsin Department of Justice: https://www.doj.state.wi.us/ (search the site’s firearms pages).

Because federal law and Wisconsin law both affect firearm transfers, the personal representative often works with a licensed firearms dealer (FFL) and a probate attorney to ensure compliance and reduce risk.

Helpful Hints

• Secure firearms immediately and prevent access by unauthorized persons.
• Confirm who the lawful personal representative is before moving or transferring firearms.
• Always check recipient eligibility under federal law (18 U.S.C. § 922) and consult an FFL to run a background check if you are unsure.
• If a beneficiary is prohibited from possessing firearms, do not gift or deliver firearms to them—seek legal or law enforcement guidance.
• When in doubt about whether a transfer requires an FFL or background check, choose the more cautious route: use a licensed dealer and document the transfer.
• Keep a complete written inventory and copies of all transfer paperwork, court orders, and communications with beneficiaries.
• If heirs dispute a firearm or if the ownership is unclear, petition the probate court for instructions before transferring.
• Contact your county probate clerk or a Wisconsin probate attorney for local procedure and help preparing petitions to the court: https://www.wicourts.gov.

Quick links: Wisconsin Courts probate info: https://www.wicourts.gov/services/public/selfhelp/estate.htm • FBI NICS background checks: https://www.fbi.gov/services/cjis/nics • Wisconsin Department of Justice: https://www.doj.state.wi.us/ • Federal firearm transfer law summary: https://www.law.cornell.edu/uscode/text/18/922

Disclaimer

This information is educational only and not legal advice. It does not create an attorney-client relationship. For advice tailored to your situation, consult a Wisconsin probate attorney or a licensed firearms dealer familiar with federal and Wisconsin law.