Transferring a Decedent’s Firearms During Probate in Minnesota: FAQ

Disclaimer: This article explains general information about Minnesota law and is not legal advice. Consult a licensed Minnesota attorney before taking action on a decedent’s firearms.

Detailed answer

1. Quick overview — who controls the decedent’s firearms?

When a person dies, their estate becomes subject to probate if probate is required. The personal representative (executor named in the will or an administrator appointed by the probate court) is responsible for gathering the decedent’s assets, including firearms, protecting them, and distributing them according to the will or Minnesota intestacy laws. See Minnesota probate statutes: https://www.revisor.mn.gov/statutes/cite/524.

2. Initial duties of the personal representative

• Locate and secure all firearms immediately. Treat every gun as loaded until you verify otherwise and store them safely to prevent access by unauthorized persons.
• Create an inventory of firearms as part of the estate inventory. The personal representative must locate, value, and list estate property for the probate court. See Minnesota probate chapter: https://www.revisor.mn.gov/statutes/cite/524.
• Notify the court and beneficiaries of the existence of firearms if required by the local probate process and any court directions.

3. Legal restrictions on transfers — prohibited persons and criminal rules

The personal representative must not transfer a firearm to anyone who is legally prohibited from possessing firearms. Minnesota law and federal law bar possession or receipt by certain categories of people (for example, persons convicted of certain crimes, persons subject to certain domestic abuse or protection orders, and persons adjudicated incompetent). Minnesota law on weapons and prohibited persons is in chapter 624: https://www.revisor.mn.gov/statutes/cite/624. Federal prohibitions are in 18 U.S.C. §922(g) (see https://www.law.cornell.edu/uscode/text/18/922).

4. Transfers that involve dealers, across state lines, or private sales

• If a proposed recipient lives in another state, federal law requires the transfer to go through a Federal Firearms Licensee (FFL) in the recipient’s state.
• For in-state transfers, many people use an FFL to perform a background check and handle paperwork, which helps verify the recipient is not prohibited. Whether Minnesota requires a background check for a particular private transfer can depend on the firearm type and current state law; check chapter 624 and current administrative rules for details: https://www.revisor.mn.gov/statutes/cite/624.
• If the recipient is a beneficiary under the will and is legally eligible to possess the firearm, the personal representative can transfer the firearm as part of distribution of estate property. The representative should document the transfer (receipts, signed acknowledgements) and, if applicable, use an FFL for the physical transfer.

5. When you need a probate court order

Sometimes the decedent’s will or the circumstances raise disputes or questions about ownership or safety. You should seek a court order if:

• The will is ambiguous about gifts of firearms.
• Multiple people claim a particular firearm.
• There is a question whether a proposed recipient is legally allowed to possess a firearm.
• Local law or the court directs that specific authorization be obtained before transfer.

The probate court has authority to direct the personal representative how to distribute estate property. See Minn. Stat. ch. 524: https://www.revisor.mn.gov/statutes/cite/524.

6. Safety and practical considerations

• Store firearms in a locked safe or secure location during the probate process.
• Keep documentation of location, condition, serial numbers, and recipient identity.
• If you suspect the decedent used the firearms in criminal activity or there are safety concerns, contact law enforcement before moving the firearm.

7. Example hypothetical timeline

Hypothetical facts: A decedent died leaving three long guns and one handgun and named a personal representative in a will. The representative should:

1. Secure the firearms and note serial numbers and condition.
2. File the will and open probate if required (county court). See Minnesota Judicial Branch probate information: https://www.mncourts.gov/Help-Topics/Probate.aspx.
3. Include the firearms on the estate inventory and notify beneficiaries.
4. Confirm each named beneficiary is not prohibited from possessing firearms.
5. If necessary, arrange transfers through a licensed dealer or seek a court order resolving disputes.
6. Document the completed transfers in the estate records before closing probate.

8. Penalties and risks for improper transfers

Transferring a firearm to a person who is legally prohibited may result in criminal penalties under Minnesota law and federal law. Always verify legal eligibility before transfer. For Minnesota weapons statutes see chapter 624: https://www.revisor.mn.gov/statutes/cite/624. For federal restrictions, see 18 U.S.C. §922: https://www.law.cornell.edu/uscode/text/18/922.

Helpful Hints

• Secure firearms immediately and document everything: serial numbers, photos, storage location.
• Preserve chain-of-custody: who had access and when. This protects the personal representative from later claims.
• When in doubt, use an FFL to move or transfer guns—dealers can run background checks and handle paperwork.
• Ask the probate court for guidance or an order if beneficiaries dispute ownership or eligibility.
• Check both Minnesota statutes (chapter 524 for probate and chapter 624 for weapons: https://www.revisor.mn.gov/statutes/cite/524 and https://www.revisor.mn.gov/statutes/cite/624) and federal law before transfer.
• If the decedent had a permit, safe storage instructions, or specific written directions about firearms, follow those instructions only if they are consistent with the law and the will.
• Consult a Minnesota attorney experienced in probate when transfers are complex, contested, or involve potentially prohibited recipients.

For more on Minnesota probate procedures, see the Minnesota Judicial Branch probate pages: https://www.mncourts.gov/Help-Topics/Probate.aspx.

Remember: This article provides general information only and is not a substitute for legal advice from a qualified attorney. Laws change; verify current Minnesota statutes and local court rules before acting.