FAQ: How are a decedent’s firearms transferred during probate in Hawaii?
Short answer
Under Hawaii law, firearms owned by a person who dies are treated as part of the decedent’s personal property and are administered through the probate process. The personal representative (executor or administrator) must follow probate procedures and applicable Hawaii firearms statutes, ensure any proposed recipient is lawfully allowed to possess firearms, and obtain court authority where required before selling or delivering firearms to others. Always verify legal eligibility and follow court orders; consult a probate attorney if you are the personal representative or a potential recipient.
Disclaimer
This article is for educational purposes only and is not legal advice. It does not create an attorney‑client relationship. For specific guidance about a particular estate or transfer, consult a licensed Hawaii attorney or the probate court.
Detailed answer — step‑by‑step under Hawaii law
1. Firearms are estate property and usually controlled by the personal representative
When an owner of firearms dies, the guns are estate assets subject to probate administration if the decedent owned them in their individual name. The personal representative appointed by the probate court controls estate property and has a duty to preserve assets, inventory them, and either distribute them according to the will (or intestacy rules) or sell them to pay debts and expenses prior to distribution. See Hawaii probate law (probate and administration procedures) for the representative’s duties: Hawaii Revised Statutes, Chapter 560. For the statute chapter, see: HRS Chapter 560 (Probate).
2. Inventory and secure the firearms immediately
The personal representative should locate and securely store all firearms and related items (ammunition, permits, accessories) as part of the estate inventory. This prevents theft, misuse, or accidental harm and preserves the estate’s value. If law enforcement assistance is needed to secure weapons safely, contact local law enforcement.
3. Check who the will names and what the court has authorized
If the will specifies particular firearms to specific beneficiaries, the personal representative still must follow probate procedures and obtain court authority as necessary before delivering estate property. If there is no will, distribution follows Hawaii’s intestacy rules. If creditors must be paid or the estate needs to sell property to pay expenses, firearms may be sold by the representative under court supervision.
4. Confirm legal eligibility of the proposed recipient
Before transferring any firearm, confirm the recipient is legally permitted to possess firearms under Hawaii and federal law. Persons prohibited from possessing firearms include (but are not limited to) felony convicts, certain domestic violence offenders, persons adjudicated mentally defective or committed to mental institutions, and others disqualified under federal or state law. The personal representative has a duty not to transfer estate firearms to a person who is legally prohibited from possessing them. For Hawaii firearms law generally, see: HRS Chapter 134 (Firearms and Dangerous Instruments) and consult state guidance or law enforcement for eligibility questions.
5. Follow Hawaii permit and registration rules
Hawaii has state requirements governing permits to acquire and registration for certain firearms. That means a transferee may need to hold the required Hawaii permit or complete specific state procedures before receiving or registering a firearm. The personal representative should confirm compliance with Hawaii permit and registration requirements before delivering a firearm. Contact the local police or a probate attorney for steps to satisfy state permitting requirements.
6. Consider federal transfer rules and safe pathways (FFL involvement)
If the estate intends to sell firearms to a third party or transfer them across state lines, the transfer generally should go through a Federal Firearms Licensee (FFL) who can complete any required background checks (NICS) and paperwork. Even intra‑state transfers can require permitting or registration under Hawaii law. If a firearm passes directly to a spouse or someone who already lawfully possesses firearms, an FFL transfer may not always be required—but you must still confirm legal eligibility and comply with state rules. For general federal guidance on firearms transfers, see the ATF: Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) — Firearms.
7. Use the probate court when in doubt
If there is any dispute among beneficiaries, a question about capacity or eligibility, or uncertainty about whether to sell or distribute a firearm, the personal representative should ask the probate court for instructions or an order authorizing the proposed disposition. A judicial order resolving how firearms are to be handled protects the representative from later claims or liability.
8. Document everything
Keep a written inventory, record of appraisals, bills of sale, transfer receipts, and any permits or court orders. Good documentation will protect the representative and provide a clear record for the court and beneficiaries.
Common practical scenarios and how to handle them
- Beneficiary named in the will: Verify the beneficiary’s eligibility to possess firearms. If eligible, obtain any state permit/registration required and get court approval or file the required inventory/distribution paperwork before delivering the firearm.
- Sale to pay estate debts: Obtain court authorization if needed; use an FFL for the sale if required by law or if the buyer is not an immediate eligible family member. Complete all required state permitting and federal paperwork.
- Recipient is out‑of‑state: Interstate transfers often must go through an FFL in the recipient’s state and comply with federal law and the receiving state’s rules.
- Recipient may be prohibited: Do not transfer. Seek court instructions. Transferring a firearm to a prohibited person risks criminal liability for the person who makes the transfer.
Helpful Hints
- Act promptly to secure firearms and prevent unauthorized access.
- Obtain an inventory and, for valuable firearms, consider an appraisal for insurance and estate valuation.
- Before giving a firearm to anyone, ask them to provide written proof they are legally allowed to possess firearms in Hawaii (for example, valid permits or confirmation from state/local law enforcement).
- If selling, use an FFL when appropriate. The FFL can conduct required background checks and properly document the transfer.
- If you are the personal representative and uncertain, file a petition with the probate court asking for instructions or authority to transfer or sell estate firearms.
- Keep detailed records (inventory, photographs, receipts, court orders) to protect yourself from later disputes or liability.
- Contact local law enforcement or a licensed attorney if you discover stolen or illegal weapons among estate property.
Where to get more information in Hawaii
- Hawaii Revised Statutes — Firearms chapter: HRS Chapter 134
- Hawaii Revised Statutes — Probate: HRS Chapter 560
- General federal firearms information from ATF: ATF — Firearms
- For court forms and local probate procedures, contact the probate clerk at the circuit court where the decedent lived.
Final recommendation
Transferring firearms from a decedent’s estate in Hawaii involves both probate duties and compliance with state and federal firearms laws. The safest course is to (1) secure the firearms, (2) confirm any recipient’s legal eligibility, (3) obtain necessary permits and/or use an FFL for sales or interstate transfers, and (4) when in doubt get a probate court order or consult a Hawaii probate attorney for written guidance tailored to the estate’s facts.