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

Short answer: In Colorado the personal representative (executor or administrator) appointed by the probate court controls the decedent’s property, including firearms, and must transfer them in a way that follows Colorado probate rules and federal/state prohibitions on firearm possession and transfer. That usually means inventorying and securing the guns, confirming that any recipient is legally permitted to possess firearms, using a federal firearms licensee (FFL) for sales or some transfers, and getting the court’s instructions when the estate plan or heirs are unclear. This is general information, not legal advice.

Detailed Answer

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

When a person dies, the probate court appoints a personal representative (also called an executor if named in a will). The personal representative has the legal duty to locate, inventory, safeguard, manage, and finally distribute estate property under Colorado’s probate law. For an overview of Colorado probate law see Colorado Revised Statutes, Title 15 (Probate): https://leg.colorado.gov/content/title-15-probate.

2. Secure and inventory the firearms immediately

Practical first steps are to secure the weapons safely (locked, unloaded, and stored separately from ammunition), document make/model/serial number, and photograph each firearm. Make a written inventory and note where each gun was found. This helps protect the estate and the personal representative from claims or accusations of mishandling property.

3. Check legal possession status before transferring

Federal and Colorado law prohibit transferring firearms to persons who are forbidden to possess them (for example, certain felony convictions, certain domestic violence restraining orders, involuntary mental-health commitments, etc.). The personal representative must not transfer a gun to anyone who is a prohibited person. See Colorado criminal law overview: https://leg.colorado.gov/content/title-18-crimes-penalties. Federal guidance on prohibited persons and transfers is available from the ATF: https://www.atf.gov/firearms and the FBI’s NICS information: https://www.fbi.gov/services/cjis/nics.

4. Common lawful transfer methods

Direct distribution to an heir named in the will or determined under intestacy law, but only if the heir is legally permitted to possess firearms.
Sale of firearms by the personal representative. For sales, the estate should generally use a licensed dealer (FFL) to handle transfers, conduct required background checks if applicable, and provide proper documentation.
Transfer to a family member or friend. If the recipient is in the same state and is legally permitted, a transfer often still goes through an FFL so a background check is run and proper records are kept. Interstate transfers generally must go through an FFL in the recipient’s state.
Court order. If there is a dispute among heirs, uncertainty about lawful recipients, or other complications, the personal representative should ask the probate court for instructions or an order directing a specific disposition of the firearms.
Temporary safekeeping by law enforcement. If there is immediate concern for safety, local law enforcement may take custody while the probate process proceeds. Procedures vary by agency.

5. Background checks and licensed dealers

Federal law (and some state rules) require background checks in many transfers and prohibit transfers to certain persons. Even when a background check is not strictly required by federal law for a private intrastate transfer, using an FFL helps ensure the transferee is legally eligible and creates a commercial record of the transfer. If you are unsure whether a transfer requires a background check or an FFL, contact a licensed dealer or an attorney before moving the firearm.

6. Duties and liabilities of the personal representative

The personal representative must act in the estate’s best interest and follow the probate court’s orders. If the personal representative knowingly transfers a firearm to a prohibited person or fails to secure dangerous weapons, they can face civil liability and possible criminal exposure. When in doubt, obtain court direction or legal counsel before transferring firearms.

7. When you need the court’s permission

Seek court approval when: the will is ambiguous about firearms; heirs cannot agree; an heir is suspected to be a prohibited person; or when a transfer would be unusual (e.g., across state lines, to a minor, or to a trust with unclear terms). The probate court can issue instructions, appoint a temporary custodian, or authorize sale of estate firearms.

8. Example (hypothetical)

Hypothetical facts: John dies leaving a will naming his daughter as beneficiary of his estate, which includes two rifles and a handgun. The probate court appoints Sarah as personal representative. Sarah inventories and locks the firearms in a safe. She confirms the daughter is not a prohibited person. For the handgun she uses a local FFL to run a background check before transferring it. For the rifles she documents the transfer in writing and transfers them directly to the daughter after confirming eligibility. If an estranged son later claims entitlement, Sarah asks the court for instructions before making any further transfers.

9. Useful Colorado probate resources

Colorado Revised Statutes, Title 15 (Probate): https://leg.colorado.gov/content/title-15-probate
Colorado laws on crimes and prohibited possessors, Title 18: https://leg.colorado.gov/content/title-18-crimes-penalties
Colorado Courts — probate forms and information: https://www.courts.state.co.us/Forms/Forms_List.cfm?Form_Type_ID=16
Federal resources — ATF firearms information: https://www.atf.gov/firearms; FBI NICS: https://www.fbi.gov/services/cjis/nics

Helpful Hints

Stop. Do not deliver any firearm until you confirm the recipient is legally eligible to possess firearms.
Inventory everything with serial numbers and photos. Keep the inventory with estate records.
Secure firearms immediately in a locked container or have law enforcement hold them if safety is a concern.
Use a licensed firearms dealer (FFL) for sales or interstate transfers to ensure background checks and compliance with federal law.
Ask the probate court for instructions if heirs disagree or if you suspect a prospective recipient may be prohibited.
Document every transfer in writing and keep the receipts and any FFL transfer paperwork with the estate files.
If the estate must sell firearms, consider an auction or dealer sale and make sure sale proceeds are handled through estate accounts.
When in doubt, consult a probate attorney in Colorado familiar with firearms issues to reduce personal liability and ensure compliance with state and federal law.

Disclaimer: This article explains general Colorado procedures and federal considerations. It is for educational purposes only and is not legal advice. Laws change and every case is different. Consult a licensed Colorado attorney before acting on estate or firearm matters.