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Need help with form 5 transfer to lawful heir


beaurrr
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My father passed recently and he had a couple of legal machine guns. I'm the the executor and the sole heir. I'm just now opening probate. I've made a couple of calls to the NFA branch trying to find out exactly what they need to execute the form 5 transfer. Neither calls were particularly helpful.

 

I know I need the usual: fingerprint cards, photos, completed form 5s. etc.

 

But what supporting documentation is actually required for a form 5 transfer to a lawful heir? Letters of testamentary have not been issue and I don't know how long that will take. I have certified copies of the will and death certificates. Are those sufficient?

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If I heard you correctly, You're executor and the guns are going to you. This should be easy from a federal standpoint but state laws must be considered, too. A copy of the path of the guns to you and your dad's death cert should satisfy Uncle. An attorney who deals with estates might be a wise move at this point.

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I live in Arizona so I don't expect state laws to be an issue.

 

I have hired an attorney for probate, but only because real estate is also involved.

 

Rosco, I've seen that document in my searching but it does not address what specifically ATF needs as supporting documentation.

 

I called ATF again today (third call) and asked to speak to a specialist. The specialist said I needed to talk to my attorney because he was not an attorney and he was not familiar with my states laws (?!). I asked him again, in a different way, what ATF needs to approve my form 5s. He kept saying my attorney would have the answer to my question (she does not- she suggested I call ATF). It was clear he really didn't know what I needed to submit. Finally, after I pressed a bit, he said he'd speak to one of their attorneys next week (or the week after) when they return and he'd call me back with the answer.

 

The form 5 says that the (lawful heir) applicant "should call the NFA branch" for guidance, so that's what I did.

 

I have the certified copy of the will and the death certificate. I don't want to have my form 5s rejected because I didn't submit the right supporting documentation but it seems like taking that gamble is the only way to find out for sure since none of the three people I've spoken with at ATF seem to know (or care).

Edited by beaurrr
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Rosco, I've seen that document in my searching but it does not address what specifically ATF needs as supporting documentation.

 

If you are appointed as the executor you should already have the supporting documentation, a Letter of Appointment of Executor. If not your attorney will know how to put one together.

 

Did you speak to an examiner at ATF Branch or someone else?

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You just need to show them that the proposed transfer is legit:

 

A copy of the death certificate will show that the original owner has passed away.

 

A copy of the letter of appointment will show that you are legally entitled to make the transfer on behalf of the estate.

 

A copy of the will will show that you are the heir and entitled to a tax-free transfer. You can use some highlighter to help them find that part of the will.

 

Throw all that stuff at them and you should have no problem. If there are any discrepancies on the existing Form 4 (like serial number, length, caliber, etc.) send photographic proof of the correct info. They are really anal about that stuff these days.

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I had to do this for a Handy-Gun I purchased a couple of years ago. A copy of the death cert was all I needed and I was not part of the family or named in any will. Letters of Administration is also a good thing to submit.

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