What are the legal requirements and process for transferring a decedent’s firearms during probate in Delaware (DE)? | Delaware Probate | FastCounsel
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What are the legal requirements and process for transferring a decedent’s firearms during probate in Delaware (DE)?

August 8, 2025 6 min read

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

Short answer

If someone dies owning firearms in Delaware, the personal representative (executor/administrator) must secure the weapons, treat them as estate property, and transfer them only to lawful recipients. Transfers must comply with Delaware law and federal law (including background-check rules and prohibitions on possession by certain categories of people). The probate process determines who has authority to handle and distribute estate property; that authority — plus compliance with state and federal firearms rules — governs how and when firearms can move out of the estate.

Detailed answer — step by step

1. Secure the firearms immediately

Safety is the first priority. If you are the personal representative or a family member, move firearms to a safe, locked location or leave them where they are but lock and secure them until an authorized person (the personal representative) can take responsibility. If the decedent’s will names a personal representative, that person will usually have authority to act once appointed by the court.

2. Determine whether probate has begun and who has authority

Only the person appointed by the probate court as personal representative (or an administrator if there is no will) has legal authority to collect, manage, and distribute estate assets, including firearms. The probate process in Delaware is governed by Title 12 of the Delaware Code; general probate rules and the personal representative’s duties are found there: Del. Code Title 12 – Decedents’ Estates. The court issues written letters or other documents that show the representative’s authority. Do not transfer firearms until authorized by the court or until the person handling the transfer has clear legal authority.

3. Identify heirs, beneficiaries, and any directions in the will

If the will specifically devises firearms to named beneficiaries, the personal representative should follow the will’s directions, subject to court approval and applicable law. If there is no will, Delaware intestacy rules will determine distribution of estate property. Again, the personal representative carries out distributions under court supervision; see Del. Code Title 12.

4. Check federal and state eligibility rules before any transfer

Federal law makes it a crime to transfer a firearm to certain prohibited categories of persons (for example, felons, persons subject to certain domestic-violence or protection orders, persons adjudicated mentally defective or involuntarily committed). See 18 U.S.C. §922(g): 18 U.S.C. §922. Delaware law also regulates firearm possession and certain disqualifications; review Title 11 of the Delaware Code for state firearms provisions: Del. Code Title 11 – Crimes and Criminal Procedure.

Before transferring a firearm to any heir or buyer, the personal representative should confirm that recipient is legally permitted to possess that firearm. If a recipient is prohibited, the representative must not transfer the firearm to that person; instead follow options below (surrender, sale through a licensed dealer, or court direction).

5. Choose an appropriate transfer method

  • Direct transfer to a lawful heir or beneficiary: If the heir is legally eligible to possess firearms, the executor can transfer the gun. In many situations using a Federally Licensed Firearm Dealer (FFL) to process the transfer provides a clean record and ensures a background check is performed when required.
  • Sale through an FFL: Selling estate firearms through an FFL (gun shop) lets the FFL conduct required background checks and complete federal transfer paperwork. The estate receives the sale proceeds and those funds become estate assets to be distributed under probate.
  • Surrender to law enforcement: If nobody in the family can lawfully possess the firearms, or if someone is imminently dangerous, the personal representative or family should contact local law enforcement for safe surrender and storage.
  • Court-directed disposition: If heirs dispute transfers or if the will’s direction is unclear, ask the probate court for specific instructions or an order allowing a particular disposition.

6. Document everything

The personal representative should keep a written inventory and receipts showing chain of custody, purchaser names, sale records, or certificates of surrender. Recordkeeping protects the personal representative later in the probate accounting and satisfies estate audit needs. Delaware probate rules require inventories and accountings by personal representatives; see Del. Code Title 12.

7. Timing and court permission

Transfers usually occur after the personal representative is appointed and authorized by the court. If the will instructs an early transfer or the personal representative needs to distribute quickly (for example, to a named heir), the representative may petition the court for direction or expedited authority. Do not give away or permanently transfer firearms before you have authority to do so.

8. Consider insurance, appraisal, and taxes

High-value firearms may require appraisal for estate tax reporting and probate inventory. If you sell firearms, retain sale proceeds records for the estate accounting.

Practical examples (hypotheticals)

Example 1: The will leaves two rifles to Alice. The executor is appointed by the Delaware probate court. The executor verifies Alice can legally own firearms, uses a local FFL to run a background check and process the transfer, documents the transaction, and notes the transfer in the estate accounting.

Example 2: The decedent leaves a handgun to a beneficiary who is a convicted felon. The executor cannot transfer the handgun to that person. The executor may petition the court for instructions, arrange for law enforcement surrender, or sell the firearm to an eligible buyer and place proceeds in the estate for distribution.

Helpful hints

  • Do not let relatives move or keep firearms until the personal representative is appointed or you have written authority. Unlawful possession or wrongful transfer can lead to criminal liability.
  • When in doubt, use an FFL to make transfers or sales — that protects the estate and ensures federal transfer rules and background checks are followed.
  • Keep clear records: inventory, photographs, serial numbers, receipts, and any correspondence with the probate court or law enforcement.
  • If an heir is under temporary or permanent legal disability (protective order, felony conviction, mental-health commitment), do not transfer firearms to that person — consult the court or law enforcement instead.
  • If heirs disagree about firearms, ask the probate court for instructions rather than acting unilaterally.
  • Consult a Delaware estate attorney if the will’s language is unclear, if there are multiple claims, or when high-value or collectible firearms are involved.

Where to look for Delaware laws and forms

When to get legal help

Get an attorney if you face any of these issues: disputed ownership, potential criminal history of a beneficiary, a missing will, possible estate tax issues, dangerous or unsecured firearms, or complex collections of high-value firearms. An attorney can petition the court for orders to allow safe disposition and protect the personal representative from liability.

Disclaimer: This article is for general informational purposes only and is not legal advice. I am not a lawyer. Laws change, and specific circumstances can affect what action is appropriate. Consult a licensed Delaware attorney before taking action to transfer firearms from a decedent’s estate.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.