Transferring a Decedent’s Firearms During Probate in Alabama — Detailed FAQ

Disclaimer: This is general information, not legal advice. I am not a lawyer. Laws change. Consult a probate or firearms attorney in Alabama before taking action.

Detailed answer — how transfers of a decedent’s firearms work under Alabama law

This answer explains the common legal requirements and practical steps when a person dies owning firearms in Alabama. It covers who controls guns in the estate, the probate process you will likely follow, federal restrictions that still apply, and special rules for NFA (National Firearms Act) items.

1. Who controls the decedent’s firearms while the estate is being handled?

When someone dies, the person named as personal representative (executor under a will, administrator if there is no will) has a legal duty to collect, inventory, preserve, and manage the estate’s assets — including firearms — until distribution. That authority comes from Alabama probate law and from whatever letters of appointment the probate court issues. See general Alabama probate statutes: Code of Alabama (Title 43) — Probate Courts and Proceedings: Code of Alabama (1975) — Table of Contents.

2. Immediate safety and custody

The representative should secure all firearms immediately for safety and liability reasons. If law enforcement has a safety concern (e.g., suicide or evidence of a crime), police may seize weapons; contact local law enforcement to report location and ensure safety. Do not transfer firearms until you confirm the recipient is legally eligible.

3. Inventory, appraisal, and probate paperwork

The probate process normally requires an inventory of estate assets to be filed with the probate court. Firearms should be listed in the inventory, with descriptions and estimated values. The personal representative obtains letters testamentary or letters of administration from the probate court authorizing administration of the estate. Those court documents establish the representative’s authority to act with estate property.

4. Who receives the guns — will beneficiaries or heirs?

If the decedent left a valid will naming a beneficiary for each firearm, the executor follows the will and distributes those items to the named beneficiaries after probate formalities and any required waiting periods. If there is no will, Alabama intestacy rules determine heirs. You can find probate court information at the Alabama Judicial System: Alabama Judicial System.

5. Federal eligibility check and prohibited persons (18 U.S.C. § 922)

Federal law continues to govern who may possess or receive firearms. Certain people — felons, persons convicted of certain domestic violence offenses, those adjudicated mentally incompetent, and others — are federally prohibited from possessing firearms. The key federal statute is 18 U.S.C. § 922: 18 U.S.C. § 922. A personal representative must not transfer a firearm to anyone who is federally prohibited.

6. How to make the transfer legally

Intrastate private transfer to an eligible person: If the transferee lives in Alabama and is not a prohibited person, a transfer from an estate may be completed without an FFL (federal firearms licensee) background check in many situations. However, using an FFL to run a NICS background check and document the transfer is strongly advisable for proof of legality and to avoid accidental transfer to a prohibited person.
Interstate transfers: Federal law requires that firearms transferred across state lines be shipped to an FFL in the recipient’s state. The recipient must complete an ATF-form and background check through that FFL before taking possession.
Transfers handled by an FFL/dealer: If you sell the firearm or want an added safety check, transfer through an FFL. The FFL will run the background check, fill out the federal Form 4473, and keep required records.

7. NFA firearms (silencers, short-barreled rifles, etc.)

NFA items require special federal procedures. Transfers of NFA-regulated devices generally require ATF approval and payment of any applicable transfer tax using ATF forms (for example, Form 4 for transfers to a person). Estate transfers of NFA items often require the personal representative to file forms with ATF or to follow specific transfer procedures; contact ATF or a firearms attorney. See ATF general resources: ATF Firearms FAQ and ATF – National Firearms Act (NFA).

8. Court orders and special situations

If an heir or beneficiary is a minor, is suspected to be prohibited, or if multiple parties dispute ownership, a probate court order may be required before transfer. If the executor has doubt about distributing a firearm before final probate, seek an order from the probate court authorizing the transfer or sale. A court can also authorize the immediate sale of estate property if necessary to pay debts.

9. Documentation and records

Keep careful records: inventory entries, photographs, appraisals, receipts, a copy of the will and letters, and any transfer documents or bills of sale. If an FFL conducts the transfer, keep the Form 4473 and any dealer records (subject to dealer retention rules). Documentation protects the personal representative from future liability.

10. Liability risks

If a personal representative transfers a firearm to a prohibited person, the representative could face serious civil and criminal exposure. Always verify eligibility and consider using an FFL or obtaining court approval when in doubt.

Helpful hints — practical checklist for executors and heirs in Alabama

Secure guns immediately and safely — unloaded and locked; keep ammunition separate.
Do not transfer guns until you confirm the recipient is federally and state eligible to possess firearms.
File an inventory with the probate court and list firearms with identifying details (make, model, serial number, caliber).
Get letters testamentary/letters of administration from the probate court before distributing or selling estate firearms.
For interstate transfers or if you prefer an added legality check, transfer through a Federal Firearms Licensee (FFL) who will run a background check (NICS) and maintain records.
For NFA items (silencers, short-barreled rifles/shotguns, machineguns), follow ATF rules and obtain required approvals and tax stamps before transfer — contact ATF or a lawyer experienced with NFA transfers.
If there is any dispute, suspected criminal use, or a question about a recipient’s eligibility, ask the probate court for direction or get a lawyer — do not guess.
Keep meticulous paperwork: inventories, appraisals, court orders, bills of sale, receipts, and records from any FFL used.
Consider consulting a local probate attorney and a firearms dealer experienced with estate transfers to reduce risk.

Where to get authoritative information

Alabama statutes and probate rules (Code of Alabama): Code of Alabama (1975) — Table of Contents.
Alabama probate court information: Alabama Judicial System.
Federal firearms law (examples): 18 U.S.C. § 922 — criminal prohibitions and transfer rules: 18 U.S.C. § 922.
ATF resources on transfers and NFA items: ATF Firearms FAQ and ATF – National Firearms Act (NFA).

If you want, provide basic facts about the estate (e.g., whether there is a will, whether the firearms include NFA items, whether the likely recipients live in Alabama or another state) and I can outline the likely next steps to take before you contact an attorney.