Detailed Answer — Transferring a Decedent’s Firearms in Tennessee
This FAQ explains the common steps and legal issues when an estate contains firearms in Tennessee. It does not replace tailored legal advice. If you are the executor (personal representative) or potential beneficiary, read this carefully and consult an attorney or licensed firearms dealer when needed.
1) Who controls the firearms after death?
After someone dies, the person charged by the probate court with managing the estate (the executor or administrator) controls estate assets, including firearms, until the court authorizes distribution. See Tennessee probate resources for procedures on appointment and authority for personal representatives: Tennessee Courts — Probate & Conservatorship.
2) Immediate practical steps (secure and inventory)
- Secure firearms immediately in a locked safe or other secure location to prevent theft or unauthorized access.
- Create an inventory: make a list with make, model, caliber, serial number, condition, approximate value, and photos. Keep the inventory with estate records and court filings.
- Do not hand a firearm directly to someone without first confirming that person’s legal ability to possess firearms.
3) Check the will, trust, or beneficiary designation
If the decedent left a will or trust that specifically bequests firearms, the personal representative follows those instructions subject to the court’s authority and applicable law. If a trust owns the firearms, the trustee follows trust terms. If no controlling document exists, Tennessee intestacy rules and the court-supervised probate process determine heirs and distribution. See general probate guidance at Tennessee Courts.
4) Legal eligibility of recipients — federal and state restrictions
Before any transfer, confirm the intended recipient is legally permitted to possess firearms. Federal law prohibits transfers to certain categories of persons (for example: convicted felons, persons subject to certain restraining orders, those adjudicated mentally defective or involuntarily committed). See 18 U.S.C. § 922(g) for prohibited categories: 18 U.S.C. § 922(g) — U.S. Code (House.gov). The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) also provides guidance about transfers and estates: ATF — Firearms FAQ.
Tennessee also enforces prohibitions on possession for certain offenders and persons under court orders. For practical eligibility and permit questions, review Tennessee Department of Safety resources (handgun carry/eligibility) here: Tennessee Department of Safety — Handgun Carry Permit.
5) How to transfer the firearms lawfully
Common lawful options:
- Transfer to a named beneficiary who is lawfully allowed to possess firearms. If the beneficiary is eligible, an executor may deliver the firearm as part of estate distribution. Document the transfer with a receipt or bill of sale and the beneficiary’s statement of eligibility.
- Use a Federal Firearms Licensee (FFL) to effect the transfer. Many executors choose an FFL so the transferee undergoes the National Instant Criminal Background Check System (NICS) check. This is advisable when any doubt exists about the recipient’s eligibility or when an out-of-state transfer or sale occurs. ATF guidance covers transfers involving FFLs: ATF — Firearms.
- Sell firearms through an FFL or at auction (state and federal rules apply). Proceeds go into the estate for distribution to heirs.
- If the intended recipient is prohibited from possessing firearms, the executor must not transfer firearms to them. Options include surrendering the firearm to law enforcement, transferring to a licensed dealer, or lawful disposal. Keep detailed records of the disposition.
6) Role of the probate court
If the estate presents conflicts (for example, two people claim a bequest, questions about ownership, or uncertainty about legal transfers), the executor should seek court instruction or permission before transferring firearms. The probate court can grant orders directing sale, distribution, or other disposition. Follow local probate rules; see Tennessee Courts self-help pages for procedure: Tennessee Courts — Probate & Conservatorship.
7) Documentation you should keep
- Inventory and photographs of each firearm.
- Copy of the will, trust, or court order directing distribution.
- Signed receipt, bill of sale, or written transfer agreement identifying the recipient and confirming legal eligibility or background check.
- Records of any sale, including FFL transfer documents and NICS transaction numbers where applicable.
- Court filings authorizing sale or distribution, if obtained.
8) When to involve professionals
You should consider hiring or consulting:
- An estate or probate attorney when the will is unclear, multiple claimants exist, or court approval is advisable.
- An FFL (licensed gun dealer) to handle transfers, sales, or background checks.
- An appraiser for high-value or collectible firearms to establish estate value for probate and tax purposes.
Bottom line: secure the firearms, confirm who the court appoints as personal representative, verify the recipient’s legal eligibility (federal and state law), document every step, and consult the probate court or an attorney when in doubt.
Useful official resources:
- Tennessee Courts — Probate & Conservatorship: https://www.tncourts.gov/programs/self-help/probate-and-conservatorship
- Tennessee Department of Safety — Handgun Carry Permit & eligibility info: https://www.tn.gov/safety/handgun-carry-permit.html
- ATF — Firearms information and FAQ: https://www.atf.gov/firearms/faq
- Federal statute on prohibited transfers: 18 U.S.C. § 922(g): https://uscode.house.gov/view.xhtml?req=(title:18%20section:922)%20edition:prelim
Disclaimer: This article provides general information about Tennessee probate and firearms transfers and is not legal advice. Laws change. Consult a licensed Tennessee attorney or a licensed firearms dealer for advice tailored to your situation.
Helpful Hints
- Immediately secure all firearms and make a written inventory with serial numbers and photos.
- Do not hand a firearm to someone unless you have confirmed they are legally allowed to possess it.
- If the decedent named a personal representative, ensure that person is court-appointed before transferring estate property.
- When uncertain about a recipient’s eligibility, route the transfer through an FFL and use NICS.
- Get a written receipt or bill of sale for every firearm transferred or sold; keep those records with probate papers.
- If a dispute arises or the situation seems complex, file a petition with the probate court or consult an estate attorney before moving the firearms.
- Consider having collectible or high-value guns appraised to avoid estate-value disputes and to set appropriate tax reporting.
- If a potential recipient is a felon or subject to a restraining order, do not transfer the firearm — contact counsel or law enforcement for lawful disposal options.