This question pops into my mind once in a while. I just want to have an idea on what happen to our NFA items (registered as individual) when we die. All of my SBRs and suppressors are registered individually under my name.

Do we include those NFA items in our will? How do they get transferred to our survivor that are of legal age?

Is better to transfer each item into a TRUST (include my wife and my son, and pay another $200 for each item), while I am still well and kicking? One TRUST, multiple members and multiple NFA items on one TRUST?

I just want to make sure they get transferred to my family. What is you plan?

Put them in your will. The executor of your estate can transfer them to your heirs tax free via a Form 5.

I have all of my items (except one) on a trust, along with the rest of my immediate family.

If you have them as an individual you just put them in your will. They transfer tax free to your heirs.
Here's a brief snippet of part of the ATF FAQ on the issue.

"The firearms may be transferred on a tax-exempt basis to a lawful heir. The executor would apply on ATF Form 5, Application for Tax Exempt Transfer and Registration of a Firearm, for a tax-exempt transfer to a lawful heir. A lawful heir is anyone named in the decedent’s will or, in the absence of a will, anyone entitled to inherit under the laws of the State in which the decedent last resided. NFA firearms may be transferred directly interstate to a beneficiary of the estate. When a firearm is being transferred to an individual heir, his or her fingerprints on FBI Forms
FD-258 must accompany the transfer application. However, if any Federal, State or local law prohibits the heir from receiving or possessing the firearm, ATF will not approve the application."

?Isn't it better to have them in an NFA trust. That way you can avoid probate and getting your info out in the world. The trust goes to survivors, which you can control via internal documents and never shows up on any government radar.

who holds the items during the time from from death to transfer on form 5, in most states you'll have a 30 to 45 day waiting period when you probate a will until the executors letter of testamentary is approved by the judge.

Do they stay in the deceased safe, or if there is an attorney involved, does the attorney hold them, just curious.

Mine are in a trust so it will pass to family anyway but wondered how it will happen.

Per the ATF. "It is the responsibility of the executor of the estate to maintain custody and control of the firearms and to transfer the firearms registered to the decedent."

quote:

Originally posted by Devereaux:
?Isn't it better to have them in an NFA trust. That way you can avoid probate and getting your info out in the world. The trust goes to survivors, which you can control via internal documents and never shows up on any government radar.

Trust or individual, your designated heir must by law file a form 5.


A Trusts only benefit really is allowing you to designate Responsible persons. They must complete a 5320.23 RP questionnaire and undergo a background check. Then once completed they can use your NFA items with out your being present.