Houston Estate Planning and Elder Law Attorney Blog
Firearms add special rules to estate planning and probate. Whether you own hunting rifles, family heirlooms, or regulated items like suppressors, you need a plan that respects federal and Texas law while keeping your family safe. With the right documents, transfers happen smoothly, no one breaks the law by mistake, and cherished items land with the people you choose.
Understand What You Own
Inventory each firearm with make, model, caliber, and serial number. Note accessories such as suppressors or short-barreled rifles that may be regulated under the National Firearms Act (NFA). Keep purchase records, ATF forms, and photos in a dedicated folder. This one list guides your executor and helps law enforcement confirm lawful possession during transitions.
Consider A Gun Trust For Flexibility
A properly drafted gun trust holds firearms during your life and after your death. Trustees and approved beneficiaries may lawfully possess and use the items named in the trust, subject to federal and state law. For NFA items, the trust streamlines who can handle and store them, avoids accidental felonies, and preserves privacy by limiting what ends up in the public probate file. A trust also creates continuity if you become incapacitated; the successor trustee can secure and maintain the collection immediately.
Name The Right People
Do not pick a trustee or beneficiary who is prohibited from possessing firearms. Run through the basic disqualifiers: felony convictions, certain protective orders, drug use that triggers federal prohibitions, and mental-health adjudications. Vet your list now so you do not force your executor to navigate costly corrections or surrender property later.
Align Storage And Safety With Your Plan
Write down where safes are located, how to access them, and any separate storage for ammunition. Leave combinations and backup keys in a sealed envelope your executor can open with proof of authority. State your preferences for transport, display, and gunsmith care. Add instructions for deactivation or donation if certain items should not remain in active circulation.
Know The Transfer Paths
For non-NFA firearms, Texas law allows private transfers, but you should still use a bill of sale and verify the recipient is legally allowed to possess a firearm. For NFA items, transfers must go through the ATF with the correct forms and tax stamps. If your guns are in a trust, the successor trustee submits the transfer paperwork to the intended beneficiaries or to a dealer for sale. Do not hand an NFA item to anyone until paperwork clears.
Manage Probate With Security In Mind
As executor, secure the collection immediately—change safe combinations, log serial numbers, and move items to a controlled location if the residence is busy. Avoid listing detailed firearm information in public filings; reference the trust or provide descriptions in a private inventory when possible. Insure valuable pieces and document condition to prevent disputes.
Consider Value And Sentiment
Some firearms carry market value; others carry stories. If you want a nephew to receive a grandfather’s rifle and your daughter to receive a different heirloom, write that down. For the rest, authorize the trustee or executor to sell through a reputable dealer with a written consignment agreement. The proceeds can equalize inheritances while keeping transfers legal.
Review After Purchases Or Moves
Every time you add an NFA item or relocate, update the trust schedule and storage details. A quick review takes minutes and spares your executor days of detective work.
Handle firearm succession with care and confidence. To set up a Houston gun trust and a transfer plan that keeps your family safe and compliant, call McCulloch & Miller, PLLC at (713) 936-9073 and speak with a team that understands both the law and practical logistics.