Detailed Answer

Short answer: In Michigan, firearms that belong to a decedent are estate property and are handled through the probate process (or outside probate if the firearm passed by operation of law). The personal representative (executor/administrator) must secure and inventory the firearms, follow the decedent’s will or Michigan intestacy rules for distribution, and ensure any recipient is legally allowed to possess firearms. If a recipient is prohibited from owning firearms, the representative cannot transfer the firearm to that person and must use another lawful disposition (sale to a licensed dealer, surrender to law enforcement, or court instruction).

Why this matters

Firearms present two layers of legal concern: (1) estate/probate rules that govern who gets the decedent’s property, and (2) firearms-possession and transfer laws (federal and state) that control who may lawfully receive or possess a firearm. Both must be satisfied before the personal representative completes a transfer.

Step-by-step: Common process for transferring a decedent’s firearms during probate in Michigan

1. Secure the firearms immediately. The personal representative should take possession, store them safely, and document their condition. This reduces risk of theft, misuse, or disputes.
2. Identify ownership and check the will or beneficiary designations. If the decedent left a will that gives specific firearms to named beneficiaries, the representative follows those directions subject to probate court approval and legal restrictions. If the firearms passed outside probate (for example, jointly owned with right of survivorship or via certain trusts), they may not be estate property and the co-owner or trustee may transfer under non-probate rules.
3. Inventory firearms on the estate inventory. Under Michigan probate procedures, the personal representative must prepare an inventory of estate assets. List each firearm (make, model, caliber, serial number if present) so the record shows who received what and when.
4. Confirm the recipient’s legal eligibility. Under federal law, certain people (for example, felons, people subject to certain domestic-violence protective orders, and others listed at 18 U.S.C. § 922(g)) cannot legally possess firearms. If you are unsure whether a beneficiary is a prohibited person, do not transfer the firearm without confirming legal eligibility. If you use a federally licensed firearms dealer (FFL) for the transfer, the background check requirements will apply. See 18 U.S.C. § 922: https://www.law.cornell.edu/uscode/text/18/922
5. If transferring to an in-state recipient who is legally eligible: The personal representative may transfer the firearm as part of the estate distribution, documenting the transfer on the estate record. For handguns or when using an FFL to facilitate transfer, standard federal NICS background check procedures apply when the transfer is handled by a dealer. If you choose to transfer privately, follow federal rules (and any applicable state rules) about transfer procedure and recordkeeping.
6. If transferring to an out-of-state recipient: Federal law generally requires interstate transfers of firearms be completed through a federally licensed firearms dealer (FFL) in the recipient’s state (or the recipient’s state’s law may impose additional requirements). Do not ship a firearm across state lines to a private person.
7. If a beneficiary is prohibited from possessing firearms: The personal representative must not transfer a firearm to that person. Lawful alternatives include selling the firearm to a licensed dealer, transferring to a legal third-party beneficiary, surrendering to law enforcement, or asking the probate court for instructions on disposition.
8. When in doubt, ask the probate court or seek court instruction. If multiple beneficiaries contest firearm distribution or if legal eligibility is unclear, the personal representative should seek guidance or an order from the probate court before transferring or disposing of firearms. Michigan probate rules under the Estates and Protected Individuals Code govern the representative’s duties and authority (see the Michigan Legislature site for the EPIC: the Estates and Protected Individuals Code, Mich. Comp. Laws Ann. § 700.1101 et seq.; general probate information is available at the Michigan courts site: https://courts.michigan.gov/administration/scao/pages/probate.aspx and Michigan Legislature: https://www.legislature.mi.gov).

Statutes and official resources to consult

• Estates and Protected Individuals Code (EPIC) — Michigan probate law governing the duties and powers of personal representatives and estate administration (Mich. Comp. Laws § 700.1101 et seq.). Michigan Legislature: https://www.legislature.mi.gov
• Michigan State Police — Firearms services and guidance (helpful for rules on transfers and licensing): https://www.michigan.gov/msp/services/firearms
• Federal firearms possession and transfer prohibitions — 18 U.S.C. § 922 (prohibited persons and interstate transfer rules): https://www.law.cornell.edu/uscode/text/18/922

Practical examples (hypothetical facts)

Example A — Will leaves specific rifle to adult, no disqualifier: The personal representative inventories the rifle, confirms the named beneficiary is not a prohibited person, documents the transfer on the estate records, and distributes the rifle when making distributions approved by the probate court.

Example B — Intestate decedent, heirs disagree: The representative inventories the firearms, secures them, and asks the probate court for instruction if heirs dispute who should receive the guns or if the representative fears a recipient may be ineligible.

Example C — Beneficiary is a prohibited person: The representative must not transfer the firearm. Instead, the representative can sell the firearm to a licensed dealer (following federal/state transfer rules), surrender it to law enforcement under local procedures, or ask the court for authorization for disposition.

What the personal representative should document

• Inventory listing (make/model/serial number) of each firearm.
• How and where firearms were stored after discovery.
• Prospective recipient name and basis for distribution (will, intestacy, court order).
• Confirmation that recipient passed any required background checks, or evidence the representative used a licensed dealer for the transfer.
• Court orders or instructions if the court directed transfer or other disposition.

Note on fees and dealers: If you sell a firearm to or through a licensed dealer, you may owe the dealer standard transfer/sale fees and must follow FFL procedures (including background checks). If you transfer using a dealer so that a beneficiary can pass a background check before taking possession, keep the dealer receipts and records in the estate file.

When you should get a lawyer

Consult an attorney experienced in Michigan probate and firearms laws if any of the following apply: contested wills or beneficiary disputes; uncertainty about whether a firearm passed outside probate; suspected prohibited recipients; complicated interstate transfers; or if you want a court order authorizing a particular disposition. A lawyer can also prepare releases and documentation to protect the personal representative before distribution.

Disclaimer

This article explains general legal principles under Michigan law and federal law and is for educational purposes only. It is not legal advice. For advice about a specific case contact a licensed Michigan attorney or the probate court before transferring or disposing of firearms.

Helpful Hints

• Secure weapons first: lock them and limit access until the estate resolves distribution.
• Document everything: photos, serial numbers, and chain-of-custody notes protect the representative and estate.
• Don’t rely on verbal assurances about eligibility. Use an FFL for transfers when you need a formal background check.
• Be cautious with interstate transfers: use an FFL in the recipient’s state to avoid federal violations.
• If a beneficiary may be prohibited, seek court instruction rather than guessing. That protects you from liability.
• Keep estate records that show you followed the will, probate court orders, and applicable laws — that minimizes personal liability for the representative.
• Contact local law enforcement or a licensed dealer if you need temporary storage or to arrange a lawful disposition.