Transferring a Decedent’s Firearms During Probate in Vermont — FAQ

Short answer

Under Vermont probate practice, firearms owned by a decedent are estate property and generally must be accounted for and distributed by the executor or administrator according to the will or Vermont’s intestacy rules. The personal representative must also make sure any transfer complies with federal and state firearms laws (including rules that bar possession by certain people). If a beneficiary is prohibited from possessing firearms, the representative cannot legally transfer guns to that person and must seek an alternative disposition (sale to a Federal Firearms Licensee (FFL), surrender, or court approval).

Detailed answer — step-by-step process

1) Secure the firearms immediately

First, secure all firearms to prevent unauthorized access, theft, or misuse. Do not leave guns unsecured if anyone in the home may be a prohibited person or poses a safety risk. If you believe a firearm creates an immediate danger, contact local law enforcement.

2) Locate the will or trust and identify the personal representative

The will or trust may name a personal representative and may include specific bequests of firearms. If there is no will, Vermont’s intestacy rules govern who inherits personal property. For Vermont probate statutes and intestacy rules see Title 14 of the Vermont Statutes: https://legislature.vermont.gov/statutes/title/14.

3) Inventory and value the firearms as part of the estate inventory

The personal representative should list each firearm (make, model, caliber, serial number, approximate value) in the estate inventory required by probate practice. Firearms are treated like other tangible personal property for probate purposes.

4) Determine the intended recipient under the will or intestacy

If the will names a beneficiary for a specific gun or for “all firearms,” follow those directions. If no specific direction exists, the representative follows probate distribution procedures before transferring property to heirs.

5) Check legal eligibility of the transferee

Before transferring any firearm, the representative must ensure the recipient is legally allowed to possess firearms under federal and state law. Federal law makes it unlawful to transfer firearms to people who are prohibited from possessing them (for example persons convicted of certain crimes, certain domestic violence offenders, or individuals subject to certain restraining orders). See federal law: 18 U.S.C. § 922 (restrictions on sale and transfer): https://www.govinfo.gov/content/pkg/USCODE-2018-title18/html/USCODE-2018-title18-partI-chap44-sec922.htm.

6) Use an FFL when required

If the transfer crosses state lines, or if you choose to have a dealer handle the transfer or sale, the transfer must be processed through a Federal Firearms Licensee (FFL) and will generally require completion of an ATF Form 4473 and a NICS background check where applicable. The ATF provides guidance on disposition of firearms following a death: https://www.atf.gov/firearms/qa/when-person-dies-what-happens-their-firearms.

7) If a transferee is legally prohibited

If a named beneficiary is legally disqualified from possessing firearms, the personal representative must not transfer the firearms to that person. Options include asking the probate court for instructions or permission to sell the firearms, transfer them to another eligible beneficiary, or transfer them to an FFL for sale or destruction. If there is dispute among heirs, petition the probate court for direction.

8) If there is disagreement or risk of improper transfer, involve the probate court

If beneficiaries disagree about distribution, if the will is ambiguous, or if criminal law concerns arise, petition the probate court to resolve distribution. The probate court can issue orders authorizing sale, distribution, or other disposition of estate property.

9) Document each transfer

Keep written records of who received each firearm, the date of transfer, and any transfer documentation (sales receipts, FFL transfer forms, Form 4473 copies where permitted by law). These records protect the personal representative from later claims or liability.

Special Vermont considerations

– Firearms are part of the probate estate and subject to Vermont probate procedure (Title 14). See Vermont statutes: https://legislature.vermont.gov/statutes/title/14.

– Vermont does not maintain a statewide handgun registration database, but state law and local ordinances can affect possession. Check Vermont criminal statutes and reach out to the Vermont Department of Public Safety or local law enforcement with questions about state-specific prohibitions.

When to get court approval or professional help

Get probate-court approval if:

• Beneficiaries dispute ownership or distribution of firearms.
• A named beneficiary is a potentially prohibited person.
• The representative is unsure how to value or safely sell collectible firearms.
• You need to transfer firearms across state lines.

Consequences of improper transfer

Transferring firearms to a person who is legally prohibited can expose the personal representative and the recipient to criminal liability. Always verify eligibility and, when in doubt, route the transfer through an FFL or seek the court’s instruction.

Helpful Hints

• Secure guns right away. Safety first.
• Check the will and any trust language for specific bequests of firearms.
• Inventory make/model/serial number and photograph each firearm for the estate file.
• Contact a local FFL early — they can advise on transfers, sales, and interstate rules and can perform background checks where required.
• Do not transfer a firearm if the recipient may be a prohibited person; seek court instruction if needed.
• Document every step: inventories, receipts, transfer forms, and communications with beneficiaries and law enforcement.
• If firearms are valuable or collectible, consider professional appraisal before sale or distribution.
• When in doubt, consult the probate court or a Vermont-licensed attorney experienced in probate and firearms law.

Resources

• Vermont Statutes (Title 14 — Probate): https://legislature.vermont.gov/statutes/title/14
• Federal firearms transfer law (18 U.S.C. § 922): https://www.govinfo.gov/content/pkg/USCODE-2018-title18/html/USCODE-2018-title18-partI-chap44-sec922.htm
• ATF guidance on disposition of firearms after death: https://www.atf.gov/firearms/qa/when-person-dies-what-happens-their-firearms
• Vermont Judiciary (probate court contacts and forms): https://www.vermontjudiciary.org/

Disclaimer: This article is for general informational purposes only and is not legal advice. I am not a lawyer. For advice specific to your situation, consult a Vermont-licensed attorney or the probate court.