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

Short answer: In Texas, firearms in a deceased person’s estate are treated as personal property. The personal representative (executor or administrator) must locate, secure, inventory, and then transfer or distribute those firearms according to the will or Texas probate rules. Transfers must not give firearms to people who are legally prohibited from possessing them; when there is doubt, use a licensed firearms dealer (FFL) or seek court guidance. This page explains the typical legal requirements and practical steps under Texas law.

Disclaimer

This is general information and not legal advice. Consult a licensed Texas attorney for guidance tailored to your situation.

Detailed answer — What the law requires and the common probate process

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

The person appointed by the probate court — the personal representative (executor under a will or administrator if there is no will) — has authority to collect, protect, and distribute estate assets. If the estate is administered independently, the representative has broader powers to manage and distribute property without prior court approval; if it is dependent administration, court permission will be required for many acts. For information about independent administration in Texas, see the Texas Estates Code on independent administration: https://statutes.capitol.texas.gov/Docs/ES/htm/ES.401.htm

2. Immediate obligations: secure and inventory the firearms

Practical and legal safety steps include:

• Locate all firearms, ammunition, and related items.
• Secure them in a locked safe, separate room, or with law enforcement if necessary to prevent access by unauthorized persons.
• Prepare an inventory as part of the estate inventory process (if required by the type of administration). Even when formal inventory rules differ, document each firearm (make, model, caliber, serial number when possible), who possessed it last, and where it was found.

3. Distribution rules under the will or by intestacy

If a will specifies a beneficiary for particular firearms, the representative generally follows the will when transferring items — provided the beneficiary may lawfully possess firearms. If there is no will, Texas intestacy rules determine who receives personal property; the representative distributes accordingly. The Estates Code governs probate procedures and the representative’s authority to act; see key Texas probate provisions here: https://statutes.capitol.texas.gov/Docs/ES/htm/ES.401.htm

4. Federal and state restrictions — you cannot transfer to prohibited persons

Even if Texas probate directs a transfer to a named heir, federal and state laws prohibit transferring firearms to certain people. Under federal law, persons convicted of certain felonies, those subject to certain domestic violence restraining orders, unlawful immigrants, and others are barred from possessing firearms (see federal law, e.g., 18 U.S.C. § 922(g)). The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) provides transfer guidance and FFL resources at: https://www.atf.gov/firearms/faq

Texas also has criminal provisions related to unlawful possession or transfer; review Texas Penal Code Chapter 46 for state firearm offenses: https://statutes.capitol.texas.gov/Docs/PE/htm/PE.46.htm

5. How to transfer safely and legally

1. Confirm the recipient’s legal ability to possess firearms. If there is any question about criminal history or protective orders, do not transfer the firearm directly.
2. Consider using a Federal Firearms Licensee (FFL) to receive the firearm from the estate and transfer it to the heir. An FFL can run a background check and handle required paperwork where appropriate.
3. If the recipient is out-of-state, federal rules usually require transfer through an FFL in the recipient’s state.
4. If no lawful recipient exists or the estate cannot lawfully deliver the firearm, the representative should hold the firearm while seeking court instructions or law enforcement assistance to dispose of it lawfully (sale through an FFL, surrender, or court-directed disposition).
5. Keep written records: chain-of-custody, recipient identity, method of transfer (FFL invoice), and any court orders authorizing or directing disposition.

6. When you might need a court order

If beneficiaries disagree, if the will is ambiguous, if the intended recipient cannot legally receive the firearm, or if the representative is uncertain about liability, obtain a court order clarifying disposition. In dependent administration, many transfers require prior court approval. Ask the probate court for instructions or petition for a declaratory order to avoid later criminal or civil exposure.

7. Practical examples (hypotheticals)

Example A — Clear lawful transfer: The will leaves a shotgun to a son with no disqualifying record. The executor documents the shotgun, verifies the son is not prohibited, and either gives it directly (if comfortable and legally compliant) or transfers via an FFL and retains records.

Example B — Disqualified beneficiary: The will leaves a handgun to a beneficiary who is a convicted felon. The executor cannot legally transfer that handgun to the beneficiary. Options include petitioning the court to redirect the firearm to another lawful heir, selling the firearm through an FFL and putting the proceeds in the estate, or surrendering to law enforcement per court direction.

Helpful Hints

• Secure firearms immediately to prevent unauthorized access or accidents.
• Obtain and keep the letters testamentary or letters of administration to show authority to act. These are issued by the probate court.
• When in doubt about a recipient’s legal status, use an FFL to handle the transfer and background check.
• Document everything: inventories, serial numbers, who had access, and all transfer paperwork or court orders.
• If beneficiaries disagree or the law is unclear, ask the probate court for instruction; a court order reduces later liability risk.
• Consult a Texas probate attorney experienced with firearm issues before making transfers when legal status or safety is uncertain.
• Check for federal prohibitions (18 U.S.C. § 922(g)) and Texas criminal statutes before completing any transfer. ATF guidance is available at https://www.atf.gov/firearms/faq

Next steps if you’re handling a decedent’s estate

1. Find and secure all firearms and document them.
2. Obtain the representative’s legal documents from the probate court.
3. Review the will and applicable probate rules (independent vs dependent administration).
4. Confirm the legal status of any proposed recipients.
5. Use an FFL or seek court guidance before transferring when needed.
6. If you need help, contact a Texas probate attorney for specific advice.

Relevant Texas statutory resources:

• Texas Estates Code — independent administration and probate rules: https://statutes.capitol.texas.gov/Docs/ES/htm/ES.401.htm
• Texas Penal Code — Chapter 46 (weapons and related offenses): https://statutes.capitol.texas.gov/Docs/PE/htm/PE.46.htm

For federal transfer and dealer (FFL) rules and FAQs, see ATF firearms resources: https://www.atf.gov/firearms/faq