The Short Answer

In Florida, firearms owned by a decedent are typically handled as part of the decedent’s personal property, meaning the transfer is often tied to the authority of the probate court (or the personal representative) and the eligibility of the recipient to lawfully possess firearms. If a transfer is done through a licensed firearms dealer, Florida law generally requires a background check/approval process before the dealer can deliver the firearm to the recipient.

What Florida Law Says

Firearm transfers can trigger both probate issues (who has authority to distribute estate property and when) and firearms-law issues (whether the recipient is legally allowed to receive/possess the firearm and whether the transfer must go through a licensed dealer). In many estates, the personal representative’s authority (or a court authorization in smaller estates) is the key legal “bridge” that allows estate property—including firearms—to be delivered to the correct beneficiary or heir.

The Statute

The primary law governing the firearms-transfer compliance piece is Fla. Stat. § 790.065.

This statute establishes that, when a transfer is made by a licensed dealer from the dealer’s inventory to a non-licensed person, the dealer generally cannot deliver the firearm until required identifying information is collected and a criminal history check is requested and an approval number is received (with limited statutory exceptions).

Why You Should Speak with an Attorney

While the statutes provide the general rules, applying them to a decedent’s firearms is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: Small-estate options can have timing requirements (for example, Florida’s “disposition without administration of intestate property” requires the decedent to have been deceased for more than 1 year in many cases). See Fla. Stat. § 735.304.
• Burden of Proof: The estate may need clear documentation showing who is entitled to receive the firearms and that the person distributing them has legal authority (e.g., personal representative authority or a court authorization in a qualifying small estate). Disputes among heirs or unclear ownership can stop a transfer.
• Exceptions: Whether a transfer must be routed through a licensed dealer (and therefore trigger the § 790.065 approval process) can depend on the exact transfer pathway, who is receiving the firearm, and the facts of possession and delivery. Mistakes can create serious criminal exposure and can also create probate liability for the person handling the estate property.

Trying to handle this alone can lead to improper distribution, family conflict, or a transfer that violates firearms restrictions—any of which can derail the probate administration and create significant legal risk.

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.