California Firearm Transfer in Probate

Short answer: In a California probate, the executor takes possession of the decedent’s guns “by operation of law” and must report them to the Department of Justice within 30 days (Pen. Code §§16990(a), 27920(a)(1)). An heir who is the decedent’s parent, child, grandparent, or grandchild can then receive a gun without going through a dealer, but must be 18 or older, hold a Firearm Safety Certificate, and file a DOJ report within 30 days (Pen. Code §§16720, 27875(a)). Every other heir takes delivery through a licensed dealer (Pen. Code §27545). No one legally barred from owning firearms can receive one at all.

Firearms are the one asset in an estate where a well-meant hand-off can become a crime. A parent dies, there’s a handgun in the nightstand and a rifle in the closet, and a sibling offers to “just take them.” Before anyone moves anything, the executor needs to know which path each gun takes and who is eligible to receive it.

Law verified against Penal Code §§16720, 16990, 27545, 27875, 27920, 27925, 29800, 29805, 30915, and 31615, and Probate Code §9650, 2026. This is general information, not legal advice for your situation.

Step one: the executor takes possession

The personal representative has the right to, and must, take possession or control of the decedent’s property being administered in the estate, and must take reasonable steps to manage, protect, and preserve it (Prob. Code §9650(a)(1), (b)). For guns, protecting the estate means securing them right away, somewhere a prohibited household member or a curious grandchild can’t reach them.

California treats an executor, personal representative, or administrator of an estate that includes a firearm as “a person taking title or possession of a firearm by operation of law” (Pen. Code §16990(a)). That status matters because it exempts the executor from the dealer requirement, on conditions. The executor must not be prohibited by state or federal law from possessing a firearm, and must submit a report to the DOJ within 30 days of taking possession describing the firearm and how possession was obtained (Pen. Code §27920(a)(1)).

The same “operation of law” rules reach people who aren’t probate executors. They cover the trustee of a living trust that holds a firearm, a successor collecting under a small estate affidavit, and a surviving spouse receiving property without administration (Pen. Code §16990(h), (l), (q)). Those recipients must file the 30-day report and also hold a valid Firearm Safety Certificate before taking title or possession (Pen. Code §27920(a)(2)). If you’re administering a trust rather than a probate, the same care applies. See my page on trust administration.

Step two: inventory each firearm

List every gun by type, make, model, and serial number, and note anything that might be restricted: a registered assault weapon, a firearm with a damaged or missing serial number, or anything you can’t identify. Firearms are estate property and go on the inventory like everything else. My guide to inventorying probate assets covers the general process.

Step three: transfers to immediate family

California defines “immediate family member” narrowly for firearm purposes. It means only parent and child, or grandparent and grandchild (Pen. Code §16720). Siblings, spouses of children, nieces, nephews, and cousins don’t qualify.

A transfer by bequest or intestate succession between immediate family members is exempt from the dealer requirement if all of these are met (Pen. Code §27875(a)):

• The transfer is infrequent.
• The recipient holds a valid Firearm Safety Certificate (an unexpired handgun safety certificate also works for a handgun).
• The recipient is 18 or older.
• Within 30 days of taking possession, the recipient submits a report to the DOJ identifying the recipient, how title was obtained and from whom, and the firearm.

The DOJ form is the Report of Operation of Law or Intra-Familial Firearm Transaction (BOF 4544A), which lists a $19 processing fee. The statute lets the DOJ set that fee at its processing cost (Pen. Code §27875(d)). The report can also be filed through the DOJ’s online reporting system. When the DOJ receives it, the department checks its records to determine whether the recipient is prohibited (Pen. Code §27875(f)).

An heir who lives out of state and brings an inherited gun into California has a parallel exemption, with the same certificate, age, and 30-day reporting conditions (Pen. Code §27875(b)).

Step four: everyone else goes through a dealer

Where neither party is a licensed dealer, the transfer must be completed through a licensed firearms dealer (Pen. Code §27545). A gun left to a brother, a friend, or a nephew moves through a dealer the way a private-party sale would, with the dealer’s process and the dealer’s fee.

If the executor is also an heir, there’s a separate rule. A person holding a firearm in a representative capacity who transfers it to himself or herself individually is exempt from the dealer requirement, but must obtain a Firearm Safety Certificate before doing so (Pen. Code §27925).

Whatever the path, the certificate rule is general. No one may receive a firearm, other than an antique, without a valid Firearm Safety Certificate, and no one may transfer one to a person who lacks it (Pen. Code §31615(a)). Violating that is a misdemeanor (Pen. Code §31615(b)).

What if an heir is prohibited from owning guns?

The will doesn’t override the Penal Code. A person convicted of a felony who owns, receives, or possesses a firearm commits a felony (Pen. Code §29800(a)(1)). A person convicted of a long list of misdemeanors, including several assault and threat offenses, is barred for 10 years after the conviction (Pen. Code §29805(a)(1)). The executor can’t deliver a gun to that heir, even to “hold” it. The lawful options are a different eligible heir, a sale through a dealer with the proceeds going to the heir, or another lawful disposition. When eligibility is uncertain, the executor should resolve it before any delivery.

What if the gun is an assault weapon?

A person who obtains title to a registered assault weapon by bequest or intestate succession must, within 90 days, do one or more of the following (Pen. Code §30915):

• Render the weapon permanently inoperable.
• Sell it to a licensed gun dealer.
• Obtain a permit from the DOJ.
• Remove it from California.

That rule covers registered weapons. If you find something that looks like an unregistered assault weapon, a firearm with an altered serial number, or anything else you can’t identify, don’t take possession and don’t try to transfer it. Get advice first, and involve a licensed dealer or law enforcement where appropriate.

Executor checklist

• Secure every firearm immediately (Prob. Code §9650(b)).
• Report your own possession to the DOJ within 30 days (Pen. Code §27920(a)(1)).
• Inventory each gun by type, make, model, and serial number, and flag anything restricted.
• Confirm each recipient is 18 or older, holds a Firearm Safety Certificate, and isn’t prohibited (Pen. Code §§27875(a), 29800, 31615).
• Use the right path: the family exemption with a 30-day report for a parent, child, grandparent, or grandchild, and a licensed dealer for everyone else (Pen. Code §§27545, 27875).
• Handle registered assault weapons within the 90-day window (Pen. Code §30915).

Related reading

For the broader job, see the executor’s role in California and what an executor cannot do. For how guns, precious metals, and digital assets get divided among heirs, see who gets the guns, gold, and crypto. My California probate page explains how I handle estates start to finish. If an estate you’re settling includes firearms, contact me before anything changes hands.