Summary / Quick Answer

When someone dies in Utah, the person in charge of the estate (the personal representative, sometimes called the executor or administrator) must secure the decedent’s firearms, inventory them, and follow Utah probate rules for distribution or sale. In addition to probate requirements under Utah law (Title 75), federal firearms laws can limit who may possess or receive firearms. Common safe options include transferring firearms to beneficiaries who are legally eligible, using a licensed firearms dealer (FFL) to run background checks and complete transfers, or seeking court approval before sale or distribution if the estate administration requires it.

Detailed Answer

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

After death, the decedent’s personal property — including firearms — becomes part of the estate if ownership is not held outside the estate (joint ownership with right of survivorship, certain trusts, etc.). The court appoints a personal representative (PR) to manage estate property. The PR has the duty to secure estate assets, inventory them, and preserve them for distribution or sale under Utah’s probate rules. See Utah Probate Code (Title 75) for the PR’s powers and duties: Utah Code Title 75.

2. Immediate steps the personal representative should take

1. Secure the firearms: Immediately remove firearms from unsecured locations. Store them safely (locked, unloaded, or in a secure facility) to prevent theft or misuse and to reduce liability.
2. Inventory and document: Prepare a written inventory describing each firearm (make, model, serial number, caliber, condition). Photographs help. The PR typically files an inventory with the probate court as required by Utah probate procedure (Utah Code Title 75).
3. Check ownership and title: Determine whether each firearm is estate property or passes outside probate (e.g., owned jointly with right of survivorship or held in a valid trust).

3. Who can receive firearms?

Even if the will or Utah intestacy rules name a beneficiary, the recipient must be legally eligible to possess firearms. Federal law prohibits firearms possession by certain categories of people (for example, persons convicted of certain felonies, persons subject to certain domestic violence restraining orders, and certain adjudicated mentally defective persons). See federal law: 18 U.S.C. §922 (overview): 18 U.S.C. §922. The PR should confirm potential recipients are not prohibited before completing a transfer.

4. How to complete the transfer legally

Common legal options:

• Direct transfer to a legally eligible heir or beneficiary: If the recipient is an in-state adult and legally eligible, transfer may be completed within the estate process once distribution is authorized. Some administrators use a licensed dealer to process the transfer (recommended for documentation and safety).
• Use a Federal Firearms Licensee (FFL): An FFL can accept the firearm from the estate, run any required background check (NICS) for the transferee, complete federal paperwork (Form 4473), and document the transfer. An FFL is required for interstate transfers of firearms and is a safe option for recordkeeping. For NICS info: FBI NICS.
• Sell the firearm(s): The PR may sell estate firearms to raise funds to pay debts and expenses. Sales should comply with federal and state law and, in many cases, an FFL should be used for sales to non-household buyers.
• Abstain from transferring to a prohibited person: If a beneficiary appears to be prohibited from possessing firearms, do not transfer. Instead, consult the probate court about options — sale, surrender, or transfer to a qualified third party or law enforcement if required.

5. When should you get court approval?

If the will authorizes distribution, or the PR has statutory authority to distribute personal property under Utah probate procedures, a separate court order may not be necessary. However, get court approval when:

• The estate inventory shows complex or valuable firearms and beneficiaries or heirs dispute distribution;
• There is uncertainty whether a proposed recipient is legally eligible;
• The PR wants explicit judicial authority to sell or transfer firearms to limit later personal liability.

6. Interstate transfers and transfers to or from out-of-state persons

Interstate transfers of firearms typically must go through an FFL. Transferring a firearm directly to someone in another state without involving an FFL may violate federal law. Use an FFL to ship the firearm lawfully and to run required checks. See ATF and federal guidance for interstate transfers.

7. Practical documentation and recordkeeping

Keep detailed records: inventory, photographs, bills of sale, transfer paperwork, receipts from FFLs, court orders authorizing sale or distribution, and correspondence confirming the recipient’s eligibility. Documentation protects the PR and provides the probate court with required records.

8. What if there is a dispute among heirs?

If heirs dispute who should receive firearms, the PR should avoid making contested transfers. File the dispute with the probate court and seek instructions. The court can order sale and division of proceeds or equitable distribution according to the will/intestacy law. See Utah probate procedures: Utah Code Title 75.

9. Liability and safety considerations

The PR has a duty to keep estate property safe. Failing to secure firearms can create criminal and civil liability if firearms are lost, stolen, or used in a crime. Consider placing firearms in a licensed storage facility or using an FFL who offers storage until transfer can occur.

10. When to consult an attorney

Consult a probate or estate attorney if you encounter:

• Disputed wills or heirship claims
• Potentially prohibited transferees
• Complex or high-value firearm collections
• Interstate transfers or potential criminal-law issues

Utah probate law (Title 75) contains the governing procedures for administration and distribution of estates: https://le.utah.gov/xcode/Title75/75.html.

Helpful Hints

• Secure firearms immediately to prevent theft or misuse.
• Inventory every firearm with serial numbers and photos; file the inventory with the probate court as required.
• Default to using an FFL for transfers or sales — it protects the PR and documents the transfer.
• Do not transfer a firearm to anyone who may be federally or state prohibited — verify eligibility or ask the court for guidance.
• If you think a beneficiary is barred from possessing firearms, contact the probate court before acting.
• Consider court approval for sale or distribution when values are high, heirs disagree, or eligibility is uncertain.
• Keep receipts, bills of sale, and transfer paperwork in the estate file.
• When in doubt, consult a Utah probate attorney to reduce risk of personal liability and to ensure compliance with state and federal law.