How to legally transfer a decedent’s firearms during probate in Nebraska

Short answer: In Nebraska, the personal representative (executor or administrator) who manages the estate must secure and account for the decedent’s firearms, follow probate procedures for inventory and distribution under Nebraska probate law, and avoid transferring firearms to anyone who is federally or state-prohibited from possessing them. Transfers that involve a licensed dealer, interstate movement, or a purchaser prohibited under federal law will trigger federal background-check and transfer requirements. Always check the will, the court’s probate orders, Nebraska probate rules, and consult an attorney or a licensed firearms dealer before transferring weapons.

Detailed answer

1. Who controls the decedent’s firearms during probate?

When a person dies, their tangible personal property — including firearms — becomes part of the probate estate if the property title or the will does not pass it outside probate (for example through joint ownership or a trust). The personal representative appointed by the probate court has a duty to locate, secure, inventory, and preserve estate assets, including guns, until the court authorizes distribution or sale.

2. Immediate steps the personal representative should take

• Secure the firearms. Store them unloaded in a locked safe, with ammunition stored separately, or turn them over to local law enforcement or a licensed firearms dealer (FFL) for safekeeping if you cannot safely store them.
• Identify ownership and documentation. Check the will, firearm registrations (if any), purchase records, and the decedent’s safe or home for relevant paperwork.
• Create an inventory. Include make, model, serial number, and condition. This inventory is typically filed with the probate inventory the court requires.

3. Nebraska probate rules that apply

Nebraska’s probate statutes set out the duties of a personal representative, inventory rules, notice to creditors, and distribution procedures under the Nebraska Probate Code. See the Nebraska Probate Code (Neb. Rev. Stat., Chapter 30) for the controlling probate rules and the personal representative’s responsibilities: Neb. Rev. Stat., Chapter 30 (Probate). The statute chapter explains the inventory and distribution process you must follow in Nebraska probate court.

4. Federal and state firearm-transfer restrictions and background checks

Even if state probate courts authorize distribution, federal law bars transfers of firearms to certain prohibited persons (for example, persons convicted of certain crimes, persons subject to domestic-violence restraining orders, certain fugitives, and others). See 18 U.S.C. § 922 for the federal prohibitions on firearm transfers and possession: 18 U.S.C. § 922.

Key points:

• If you transfer a firearm to another person through a Federal Firearms Licensee (FFL), the FFL must run the purchaser through the National Instant Criminal Background Check System (NICS) or follow the dealer’s local/state procedures.
• Some private transfers that do not involve an FFL may still be governed by Nebraska law. Whether a background check is required for a private sale in Nebraska depends on the location and current Nebraska law/policies; always verify with an FFL or attorney.
• Interstate transfers typically require an FFL in the transferee’s state to receive the firearm, and federal rules on interstate transfers apply.

5. Transfers to named beneficiaries or heirs

If the will or Nebraska intestacy law gives particular firearms to named beneficiaries, the personal representative generally may distribute those items after inventory and after satisfying probate court requirements (and after any required notices or creditor claims are resolved). Before distribution the representative should:

• Confirm the beneficiary is legally permitted to possess firearms under federal and Nebraska law.
• Follow any probate-court requirements — some courts expect an estate inventory and an order approving distribution before property is handed over.
• If in doubt about the beneficiary’s eligibility, arrange transfer through an FFL to ensure a background check and proper recordkeeping, or seek a protective court order.

6. Selling firearms from the estate

If firearms are sold by the estate, the sale should comply with federal and state transfer rules. Sales through a licensed dealer help ensure compliance with background checks, transfer documentation, and, if necessary, proper interstate transfer procedures.

7. Special situations

• Minor beneficiaries: Nebraska law and federal rules restrict firearm possession by minors. Transfers likely require adult custody or a guardian and should follow both probate and firearms law.
• Prohibited beneficiaries: If a beneficiary is prohibited, the representative must not transfer firearms to that person. The representative should either hold the firearm, sell it lawfully through an FFL to a lawful buyer, or seek court guidance.
• No will or unclear ownership: The representative must follow Nebraska intestacy rules and probate court instructions before distributing any property.
• Out-of-state heirs: Interstate transfers generally require involvement of an FFL and compliance with the destination state’s laws.

8. When to get court approval or legal advice

Seek probate-court approval or a court order when questions arise about who should receive firearms, when beneficiaries might be prohibited persons, or when the will is ambiguous. If you face uncertainty — for example, multiple claimants, potential criminal exposure, or cross-border transfers — consult a Nebraska probate attorney or the county attorney for guidance.

Helpful hints

• Immediately secure all firearms and ammunition. Safety first: unload and lock firearms separately from ammunition.
• Do not transfer a firearm to anyone until you verify they are legally eligible to possess it.
• Use a local licensed firearm dealer (FFL) to facilitate transfers, background checks, or temporary storage if you are unsure of the law or safe storage options.
• File a complete inventory with the probate court and keep copies of transfer receipts, bills of sale, and any correspondence about the firearms.
• Check the will and any trust documents carefully — some owners transfer guns outside probate via trust, joint ownership, or beneficiary designations, which changes the process.
• If a beneficiary or buyer is out of state, expect more paperwork and FFL involvement because interstate transfers are tightly regulated.
• Before distributing guns, check federal prohibitions under 18 U.S.C. § 922: https://www.law.cornell.edu/uscode/text/18/922.
• Consult the Nebraska Probate Code for representative duties and inventory/distribution rules: Neb. Rev. Stat., Chapter 30.

Where to get reliable help

• Nebraska probate attorney — for guidance on court filings, inventory, and distribution orders.
• Licensed firearms dealer (FFL) — for secure storage, lawful transfers, and background-check processing.
• Nebraska county sheriff or local police — for advice on safe handling or temporary custody, and to learn about any local rules.
• Federal resources such as the ATF and the NICS system — for questions about federal firearms transfer rules and background checks.

Disclaimer: This article explains general principles under Nebraska law and federal law and is for educational purposes only. It is not legal advice. Laws change and each situation is different — consult a licensed Nebraska attorney or a licensed firearms dealer before taking action.