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Probate Law

Statutes, books, and online resources on the topic of probate law in Texas.

Inheriting Firearms

What is the process for inheriting a gun?

The probate process for firearms is the same as for other property, with some restrictions. Because the estate representative is in charge of securing and distributing estate property, they must be able to legally possess firearms under state and federal law. If they don't, the court must appoint someone else to administer the estate.

You also can't inherit a firearm unless you can legally possess one. Disqualifying factors may include:

  • a felony or domestic violence conviction;
  • illegal drug use or addiction;
  • being in the U.S. illegally;
  • history of mental comittment;
  • being underage;
  • other conditions.

Additional complications may arise when it comes to transporting guns across state lines and inheriting certain types of restricted weapons.

You can find more information about firearm laws in our Gun Laws guide. The library cannot determine who can or cannot own a gun, so you may want to talk to an attorney if you have any questions.

Understanding the Law