Detailed Answer

When someone dies in Alaska and leaves firearms, the personal representative (executor/administrator) must handle those guns as part of the decedent’s estate during probate. The steps below explain the typical legal requirements and practical process under Alaska law and federal firearms rules. This is educational information only and not legal advice.

1) Who is responsible for the decedent’s firearms?

The personal representative appointed by the probate court is responsible for collecting, inventorying, safeguarding, and distributing the decedent’s property—including firearms—subject to the will, Alaska’s intestacy rules, and any court orders. For Alaska probate law, see Alaska Statutes Title 13 (Probate, Trusts, and Protective Proceedings): https://www.akleg.gov/basis/statutes/13.

2) Secure and inventory firearms immediately

Secure all firearms quickly to prevent theft, misuse, or accidental injury. The personal representative should create a written inventory describing make, model, caliber, and serial number for each firearm and note where each gun is stored. Under Alaska probate procedure the PR must identify and manage estate assets as part of administration (see Title 13: probate duties). Your inventory should be kept with estate records and filed with the court if required.

3) Determine who may legally receive the firearms

Even if the will names a beneficiary, federal and state firearms laws may prohibit certain transfers. Under federal law, persons barred from receiving firearms include, among others, those convicted of certain felony offenses or certain domestic violence misdemeanors, persons under certain restraining orders, and those adjudicated mentally incompetent. See federal firearms statute 18 U.S.C. §922 (general prohibitions): https://www.govinfo.gov/content/pkg/USCODE-2018-title18/html/USCODE-2018-title18-partI-chap44-sec922.htm. The ATF also publishes guidance for firearm transfers and estate situations: https://www.atf.gov/firearms. Check Alaska law and local agencies (Alaska Department of Public Safety) for state-specific rules.

4) Methods to transfer firearms from the estate

Transfer directly to a named beneficiary—If the named beneficiary is legally allowed to possess firearms, the personal representative may transfer the firearm to that beneficiary as part of estate distribution. Keep written documentation and receipts.
Transfer through a Federal Firearms Licensee (FFL)—For some transfers (especially interstate transfers or sales to third parties), federal law requires that a licensed dealer receive the firearm and run a background check (NICS) before delivering it to the buyer. Using an FFL provides documentation and helps ensure legal compliance. ATF guidance and federal statutes explain when an FFL is required: https://www.atf.gov/firearms and 18 U.S.C. §922.
Selling estate firearms—If the estate must liquidate firearms to pay debts or distribute proceeds, the personal representative may sell them through a licensed dealer or at auction, following applicable state and federal transfer rules. Document sales carefully.
Court-directed disposition—If questions arise (e.g., beneficiary’s eligibility, conflicting claims, or hazardous/weapons-law issues), petition the probate court for instructions or an order authorizing a specific disposition.

5) Special legal issues to watch for

Federal prohibitions: do not transfer firearms to anyone prohibited under 18 U.S.C. §922(g). See federal guidance: 18 U.S.C. §922.
Interstate transfers: most interstate transfers between private parties must be handled through an FFL. See ATF information.
Restricted items: if the estate includes NFA-regulated items (short-barreled rifles, suppressors, fully automatic weapons), additional registration and transfer rules apply at the federal level. Contact an FFL/SOT and consider court guidance.
Potential creditor claims: if estate assets (including firearms) must be sold to pay creditors, follow Alaska probate rules for creditor notices and administration (Alaska Statutes Title 13).

6) Practical step-by-step checklist (typical)

Secure firearms safely (unloaded, locked, and stored separately from ammunition).
Create a detailed inventory with serial numbers and photographs.
Confirm appointment of the personal representative through the probate court.
Check each intended recipient’s legal eligibility to possess firearms (look for felony convictions, restraining orders, etc.).
If required by federal or state law, use an FFL to transfer or sell the firearm and run a background check.
Document every transfer or sale in the estate file and keep receipts signed by recipients.
If there is any uncertainty or dispute, file a petition with the probate court asking for instructions or an order authorizing the proposed disposition.

7) When to get legal help or court instructions

Get an attorney or ask the probate court to decide when:

Beneficiaries disagree about guns or the will.
A beneficiary appears to be a prohibited person under federal/state law.
Guns are unusual, rare, or NFA-regulated.
There are safety concerns or suspected illegal activity tied to the firearms.

Hypothetical example (short)

Suppose Alice dies leaving a hunting rifle listed in her will to Bob. The personal representative inventories the rifle, confirms Bob has no disqualifying convictions, and transfers the rifle to Bob with a signed receipt. If Bob lived in another state, the representative might require an FFL to receive the rifle and run the required checks before release. If Bob had a recent felony conviction, the PR must not transfer the rifle and should seek court instructions.

Helpful Hints

Secure firearms immediately and do not let unauthorized people handle them.
Document everything: inventory, photographs, serial numbers, and signed receipts for transfers or sales.
When in doubt about a recipient’s eligibility, use an FFL and ask the court for instructions.
Be especially careful with NFA items—special federal paperwork and tax stamps may be required.
Consult the Alaska probate statutes (Title 13) for PR duties: https://www.akleg.gov/basis/statutes/13.
Review federal firearms law and ATF resources for transfer rules: 18 U.S.C. §922 and https://www.atf.gov/firearms.
If the estate is complex or guns are contested, hire an attorney experienced in Alaska probate and firearm law to avoid civil liability or criminal exposure.

Disclaimer: This article is educational only and does not create an attorney-client relationship. It is not legal advice. Laws change over time and facts matter. Consult a licensed Alaska attorney or the probate court for advice tailored to your situation.