Detailed answer — How firearms are handled in an Indiana probate
Short answer: In Indiana, a decedent’s firearms are estate assets. The personal representative (executor/administrator) must identify and secure the guns, include them in the estate inventory, and transfer them only according to the will or probate court order and federal/state firearms laws. Transfers should be documented and conducted in a way that ensures the transferee is legally allowed to possess firearms (often via a Federal Firearms Licensee (FFL) and a NICS/background check when required).
Step-by-step process (typical)
- Secure the firearms immediately. Remove guns from easy access, store them unloaded and locked. Safety and chain-of-custody matter; avoid leaving firearms where prohibited persons (e.g., minors, people subject to protective orders) can access them.
- Determine ownership and title issues. Were the guns owned solely by the decedent, jointly with right of survivorship, or held in a trust? Jointly owned firearms usually pass to the surviving joint owner outside probate; trust-owned guns pass per trust terms. Solely owned guns normally pass through probate.
- Open probate or confirm administration status. If the estate is being probated, the court will appoint a personal representative. That representative has duty and authority under Indiana probate law to inventory, protect, and distribute estate property. See Indiana’s probate statutes for personal representative powers: https://iga.in.gov/legislative/laws/2024/ic/titles/029
- Inventory and value the firearms as estate assets. The personal representative should list each firearm on the estate inventory and obtain values for estate accounting and possible sale. Indiana probate rules require an inventory and accounting by the personal representative; consult the probate code: https://iga.in.gov/legislative/laws/2024/ic/titles/029
- Check the will or court order for transfers. If the will names a beneficiary for particular firearms or the court approves a distribution, the personal representative may transfer possession consistent with that direction and after following legal requirements.
- Confirm the recipient’s legal eligibility. Federal law prohibits transferring firearms to certain categories (e.g., convicted felons, persons subject to certain domestic violence restraining orders, unlawfully present aliens, those adjudicated mentally defective). See 18 U.S.C. §922(g). A transfer that violates federal law can expose the estate’s representative to criminal liability. Federal transfer rules and prohibited-person categories are at: https://www.law.cornell.edu/uscode/text/18/922 and the FBI NICS information: https://www.fbi.gov/services/cjis/nics
- Choose a transfer method that complies with federal and state law.
- If the recipient is in Indiana and the transfer is a non-FFL private intrastate transfer, state law currently does not require a state-run universal background check; however, federal law still applies and the personal representative should verify legality. Often the safest route is to use an FFL so a NICS check is run and a record of transfer exists.
- If the recipient lives out of state, federal law requires the transfer go through an FFL in the recipient’s state of residence.
- Using an FFL provides documentation (Form 4473 and FFL records) and reduces risk that the estate representative inadvertently transfers a firearm to a prohibited person.
- Document the transfer and retain records. Keep copies of the estate inventory, any court orders authorizing distribution, bill of sale or transfer receipts, and records of background checks or FFL paperwork. These documents protect the personal representative and provide proof the transfer complied with court and legal requirements.
- If no lawful transferee exists, dispose of the firearms responsibly. If a named beneficiary is prohibited from receiving firearms or no lawful recipient can be found, the personal representative must not transfer the guns to a prohibited person. Options include selling to an FFL (with appropriate checks), surrendering to local law enforcement if appropriate, or court-approved disposition. Consult local authorities or counsel before disposing of firearms.
Key Indiana and federal legal points to know
- Indiana probate law governs who has authority to handle and distribute estate property (see Title 29 of the Indiana Code): https://iga.in.gov/legislative/laws/2024/ic/titles/029
- Indiana criminal/weapon statutes set offenses for unlawful possession or transfer of firearms; see Title 35 of the Indiana Code for weapons offenses and prohibitions: https://iga.in.gov/legislative/laws/2024/ic/titles/035
- Federal law (18 U.S.C. §922) prohibits transfers to certain categories of persons and requires interstate transfers to go through FFLs: https://www.law.cornell.edu/uscode/text/18/922
- FBI/NICS background checks apply to firearms transfers processed by FFLs: https://www.fbi.gov/services/cjis/nics
Common scenarios and how they are handled
Scenario A — Will leaves specific guns to a named beneficiary who is an Indiana resident and legally eligible: After probate and distribution authority, the personal representative can transfer the guns to the beneficiary. Best practice: have the transfer occur through an FFL and run a NICS check, retain transfer paperwork.
Scenario B — Beneficiary is a convicted felon or otherwise prohibited: The estate representative must not deliver the firearms. Options include selling to an FFL and adding the proceeds to the estate, surrendering to law enforcement, or asking the court for instructions.
Scenario C — Jointly owned firearms: If a firearm was owned jointly with right of survivorship, it likely passes to the surviving owner outside probate. Confirm title and possession rights before involving the probate estate.
Practical checklist for a personal representative in Indiana
- Secure all firearms and document their locations and serial numbers.
- Identify whether guns are probate property, trust property, or jointly owned.
- List guns on the estate inventory and obtain appraisals if needed.
- Confirm beneficiaries and check each recipient’s legal eligibility.
- Use an FFL for transfers where appropriate (especially interstate transfers) and keep Form 4473 and FFL records.
- Document transfers with receipts, court orders, and inventory updates.
- If unsure, petition the probate court for instructions or seek counsel before transferring or disposing of firearms.
When to get legal help
Ask an attorney if any of these apply: disputes among heirs over guns, suspected prohibited transferees, unusual or high-value firearms, interstate transfers, or questions about the personal representative’s legal exposure. An Indiana probate attorney can petition the court for clear instructions and protect the personal representative from liability.
Disclaimer
This article is educational only and is not legal advice. Laws change and details matter. Consult a licensed Indiana attorney and local authorities before transferring, selling, or disposing of firearms from an estate.
Helpful hints
- Do not give firearms to anyone until you have confirmed they are legally allowed to possess them.
- Using an FFL to process transfers creates a formal record and triggers the FBI/NICS check when required.
- If a beneficiary lives out of state, route the transfer through an FFL in the beneficiary’s state to comply with federal law.
- Keep detailed records (photos, serial numbers, inventory entries, receipts) in the estate file.
- If you are the personal representative and fear criminal exposure, contact the probate court for guidance and consult an attorney immediately.
- Contact local law enforcement or an FFL for safe short-term storage if you cannot immediately resolve transfer issues.