I don't want to address the OP's situation directly, because I can't be sure that I have all material information. But in general, any gift of a firearm from a resident of one State to a resident of another must go through an FFL, usually in the recipient's State of residence.
But whenever an inheritance is involved, things can get complicated. Qualified legal counsel is always the best idea. And of course how complex a given case will be related to the size and nature of the assets in the estate. But inheritance is not necessarily a simple matter.
Here's roughly how inheritance works:
- When there's a written will, it normally must be submitted to probate in court (although in some States there are exemptions for small or very simple estates).
- The will ordinarily designates an executor (i. e., the personal representative of the decedent). That person is not the executor unless and until the will is admitted to probate in the proper court and the court issues Letters Testamentary recognizing that person as executor.
- The executor once qualified then proceeds to identify and account for the assets of the estate. He may need to collect debts owed the decedent and manage property or other assets of the estate. He might also need to sell assets of the estate to raise funds to pay debts of the decedent and/or taxes. He or she then pays debts and taxes of the decedent under court supervision.
- The executor then handles, again under court supervision, distribution of the assets of the estate in accordance with the terms of the written will to the persons designated in the will to receive them.
- Intestate succession when someone dies without a will is not some informal dividing up of the decedent's property amongst the relatives. It's a highly formalized procedure.
- First, someone has to go to the proper court and apply to be named the administrator (i. e., the personal representative of the decedent to wind up the estate) of the decedent's estate.
- Once the court has issued an order designating someone as the administrator, that person proceeds to identify and account for the assets of the estate. He or she then uses those assets to pay any remaining debts of the decedent and any taxes due. This is all done under the supervision of the court.
- After the debts and taxes are paid, the administrator, under court supervision, will distribute any remaining assets to those relatives entitled under the applicable statutes to a share of the estate. Only those relatives specifically identified in the applicable statutes are entitled to a share of the decedent's property, and only in the proportion set out in the applicable statutes.
- So --
- If there's a will, the gun will ultimately go to whomever the will says it goes to, and it will be up to the executor to deliver, as approved by the probate court and in compliance with applicable law, the gun to that person.
- If there's no will the gun actually belongs to whomever would get it under the applicable intestate succession law, and the gun would be transferred by the administrator to the recipient as approved by the probate court and in compliance with applicable law
It's true that often, if there's not a lot of property involved, the relatives don't bother with the formalities and just divide everything up. That usually works out as long as no one complains, but it's not necessarily legal. And if there are conflicting claims on the property or if the decedent left significant debts or unpaid taxes, informality could result in serious complications down the road. And there can be other complications if regulated property is involved.
