How to transfer a decedent’s firearms during probate in Maine

Quick answer: In Maine, firearms that belong to someone who died are estate assets. The personal representative (executor/administrator) appointed by the probate court controls those assets during probate and must follow the probate process to distribute them to beneficiaries or sell them. Federal law also restricts who may receive firearms and may require transfers through a Federal Firearms Licensee (FFL) or special ATF approval for National Firearms Act (NFA) items. Do not hand firearms to anyone until you confirm the recipient is legally allowed to possess them and the probate requirements are met.

Detailed Answer

1. Basic legal framework in Maine

When a person dies, their property — including guns — becomes part of the decedent’s estate. The probate court oversees appointment of a personal representative and supervises collection, inventory, payment of debts, and distribution of assets under Maine probate procedures. For general state-level probate information, see the Maine Judicial Branch: https://www.courts.maine.gov/ and the Maine Revised Statutes index: https://legislature.maine.gov/statutes/.

2. Role and authority of the personal representative

The personal representative has the legal duty to secure estate property, inventory assets (including firearms), and follow the court-approved plan to pay debts and distribute property to beneficiaries. The representative’s authority comes from the probate appointment and applicable Maine law and court orders. If the will or trust names beneficiaries for specific firearms, the representative generally follows those directions unless a court order says otherwise.

3. Steps the personal representative should take

1. Secure the firearms immediately. Store guns safely and separate from ammunition. This protects public safety and reduces personal liability.
2. Identify and document each firearm. Note make, model, serial number, and whether it’s an NFA item (short-barreled rifle, short-barreled shotgun, suppressor, machinegun, destructive device, etc.). Keep photos and a written inventory.
3. Determine whether the estate is subject to probate. Small estates sometimes pass outside formal probate under Maine’s simplified procedures; otherwise initiate probate and get court authority before transferring estate assets. Maine probate information: https://www.courts.maine.gov/.
4. Check the will and any trust. If the decedent’s will or a trust directs specific firearms to named beneficiaries, follow those directions if legally permissible.
5. Confirm the recipient is legally permitted to possess firearms. Federal law prohibits transfer to certain individuals (see section below). If a beneficiary is legally prohibited, the representative must not transfer a firearm to that person — the estate may need to sell the weapon to a licensed dealer or petition the court for instructions.
6. Complete any required transfer steps. Non‑NFA firearms transferred in-state to a private person may often be transferred by the personal representative, but transfers may require use of an FFL for background checks under federal law or if state law requires. Interstate transfers always must go through an FFL. See federal rules below and consult an FFL or attorney before transferring.
7. Record the transfer/disposition. Keep detailed records (who received it, date, identification) in the estate file and report to the court as part of the inventory/distribution process.

4. Federal firearms rules that affect transfers

Federal statutes regulate who may possess or receive firearms and when transfers must go through an FFL:

• 18 U.S.C. § 922(g) and (d) prohibit transfer or possession of firearms by certain persons (felons, persons subject to certain domestic violence protective orders, people adjudicated mentally ill or committed, unlawful users of controlled substances, etc.). See the federal statute: https://www.law.cornell.edu/uscode/text/18/922.
• 18 U.S.C. § 922(a)(5) and related provisions govern interstate transfers and the requirement that transfers across state lines be made through an FFL. See: https://www.law.cornell.edu/uscode/text/18/922.
• NFA firearms (machineguns, short‑barreled rifles/shotguns, suppressors, destructive devices) require ATF approval and a tax stamp for transfers under the National Firearms Act (26 U.S.C. Chapter 53). Transfers of NFA items during probate require compliance with ATF rules; contact an FFL/NFA dealer or visit ATF guidance: https://www.atf.gov/firearms/nfa and NFA statutes: https://www.law.cornell.edu/uscode/text/26/subtitle-E/chapter-53.

5. Practical Maine-specific points

• Firearms are personal property in Maine and pass through the probate process like other personal property unless title passes outside probate (for example, certain trust transfers).
• Maine does not have a state registration system for most firearms, but federal prohibitions still control who may receive guns.
• If a beneficiary is prohibited from possessing firearms under federal law (or Maine law), the personal representative must prevent transfer and consult the probate court about selling the firearm to a licensed dealer or otherwise disposing of it.
• If you are unsure how to proceed, ask the probate court for instructions or seek advice from a Maine probate attorney experienced with firearms issues.

6. What to do about transfers to out-of-state beneficiaries

Out-of-state transfers must comply with federal and the recipient state’s laws. Almost always an interstate transfer must be handled through an FFL in the recipient’s state — the FFL will run the required background check (NICS) and complete applicable paperwork. See FBI NICS: https://www.fbi.gov/services/cjis/nics.

7. NFA items (special rules)

NFA firearms require an ATF transfer process and sometimes payment of transfer tax. The personal representative must follow ATF procedures for lawful transfer. For complex NFA estate transfers, get assistance from a dealer familiar with NFA probate transfers and consider consulting an attorney. See ATF NFA guidance: https://www.atf.gov/firearms/nfa.

8. When to involve the probate court

If there is any dispute among heirs, uncertainty about whether a beneficiary is prohibited, or if the representative lacks clear authority in the will or trust, you should petition the probate court for instructions or a court order before transferring firearms. A court order protects the representative from later claims.

9. Summary checklist for a personal representative handling firearms

1. Secure firearms and inventory them with serial numbers and photos.
2. Confirm probate appointment and your authority from the court.
3. Check the will/trust for specific bequests of firearms.
4. Confirm legality of recipient (no federal/state prohibitions).
5. Use an FFL and NICS background check when required (interstate transfers or when prudent).
6. Follow ATF procedures for NFA items.
7. Keep accurate records and report transfers to the probate court in the estate accounting.
8. If unsure or disputed, obtain a court order or consult a Maine probate attorney.

Helpful Hints

• Do not hand a gun to anyone until you confirm they can legally possess it. A well-meaning transfer to a prohibited person can lead to federal criminal liability.
• If the estate includes NFA items, contact a qualified FFL/NFA dealer quickly — the required ATF paperwork can take time.
• When in doubt, use an FFL to transfer firearms even for in-state transfers; the FFL can run the NICS check and reduce risk to the representative.
• Keep meticulous records: date, recipient name, contact information, serial numbers, and how the transfer was completed (FFL form, court order, sale receipt).
• Consider selling estate firearms to a licensed dealer if a beneficiary is prohibited or if the will does not specifically bequeath certain guns.
• Ask the probate court for guidance or a formal order if beneficiaries disagree about distribution or if questions arise about authority.
• Consult a Maine attorney experienced in probate and firearms law when the estate is large, contains NFA items, or when distribution questions arise.

Disclaimer: This article explains general legal principles for Maine and federal law and is for educational purposes only. It is not legal advice and does not create an attorney-client relationship. Laws change and facts matter. For advice about a specific situation, consult a licensed Maine attorney or the probate court.