Inherited Guns in Utah: What to Do With Them

Last updated: October 2026

Not legal advice. Estates can be complicated. This guide is general information, not legal advice. If there's a will, a probate case, or a dispute in the family, talk to a Utah probate attorney.

Quick summary: If you inherit guns in Utah, start by making them safe and making a list. Then figure out who legally owns them under the will or Utah law, and make sure each heir is allowed to have guns. Heirs who live in another state may receive inherited guns without an FFL in some cases, but using a dealer is often simplest. If you want to sell, you can sell like any other private owner once the gun is yours.

First steps after you inherit guns

Secure them. Unload each gun, store them locked, and keep them away from kids and anyone who shouldn't have them. Utah law makes it a crime for some minors to possess guns, especially handguns (Utah Code 76-11-211).
Don't touch what you don't understand. If you find something that might be a machine gun, a short-barreled rifle or shotgun, a silencer, or a grenade, leave it alone and call an FFL or local police for help.
Make an inventory. Write down the make, model, caliber and serial number of each gun. Take photos.
Check the serials. Use Utah's free Gun Serial and CFP Search to see if any were reported stolen. See How to Check if a Gun Is Stolen.
Find the will or trust. It decides who gets what. If there isn't one, Utah's inheritance rules decide.

Who legally gets the guns?

Guns are part of the estate like any other property. The personal representative (executor) or trustee distributes them under the will, trust, or Utah's intestacy law (Utah Code Title 75, Uniform Probate Code). Small estates may be handled with an affidavit instead of a full probate case (Utah Code 75-3-1201) if the estate, less liens, is worth $100,000 or less and 30 days have passed since the death. Guns held in a trust (including a "gun trust" for NFA items) aren't handled through probate: the successor trustee follows the trust's terms. Ask the lawyer who drafted the trust.

Until the estate is settled, the guns aren't yours to sell. Ask the personal representative.

Can every heir legally receive a gun?

No. A gun can't go to someone who is prohibited, even by inheritance.

Federal: People with felony convictions, certain protective orders, misdemeanor domestic violence convictions, unlawful drug users, and others can't possess guns (18 U.S.C. 922(g)). Giving a gun to someone you know or have reason to believe is prohibited is a crime (18 U.S.C. 922(d)).
Utah: Utah's "restricted person" categories are in Utah Code 76-11-302 and 76-11-303. Knowingly transferring to one is a felony (76-11-307, 76-11-308).
Minors: Handguns to anyone under 18 are restricted under federal law (18 U.S.C. 922(x)) and Utah law (Utah Code 76-11-212). Federal law lets a minor inherit title to a handgun but not take possession (18 U.S.C. 922(x)(3)(C)), so a trusted adult, the personal representative, or a trust should hold it until the heir turns 18.

If an heir is prohibited, the estate can sell the gun and give them the money instead. Ask a lawyer.

Inherited guns going to another state

Federal law normally bars private transfers to residents of other states. Inheritance is an exception: a gun can go to an out-of-state heir under a will or intestacy law, as long as the heir can legally own it in their state (18 U.S.C. 922(a)(5)(A) and 922(a)(3)(A)).

Still, check the heir's state laws first. Some states ban certain guns or magazines or require registration or a permit. Shipping rules also still apply: private persons can't mail handguns (18 U.S.C. 1715). Many families simply have a Utah FFL ship to an FFL in the heir's state. See How to Ship a Gun to an FFL.

NFA items: suppressors, short-barreled rifles, machine guns

These are registered with ATF under the National Firearms Act. They can't just be handed to an heir. The executor may hold them during probate, and no later than the close of probate files ATF Form 5 (tax-exempt transfer) to register each item to the heir. A sale to someone outside the estate needs a tax-paid Form 4 instead (27 CFR 479.90a). The heir must be legally allowed to possess it in their own state. An unregistered machine gun or other unregistered NFA item can't be registered or transferred to an heir. Contact ATF or an attorney. GunTreasure does not allow NFA items to be listed.

What if an inherited gun has no serial number?

Two very different situations:

Old factory guns made before 1968. The Gun Control Act of 1968 first required licensed makers and importers to serial-number every gun (18 U.S.C. 923(i); 27 CFR 478.92), so many older rifles and shotguns were never numbered. These are generally legal to own. GunTreasure allows pre-1968 factory guns that were never serialized, with a checkbox on the listing.
Serial numbers removed or altered. It's a federal crime to possess or receive a gun with an obliterated or altered serial (18 U.S.C. 922(k)). Don't sell or give it away. Contact an attorney or local police about how to surrender it.

Homemade guns, "ghost guns," and unfinished 80% frames or receivers aren't allowed on GunTreasure.

Should you keep, gift, or sell inherited guns?

Keep: Store them safely. Consider a safety class if you're new to guns.
Give to a family member in Utah: It's a private transfer. Make sure they're not prohibited, and consider an FFL transfer for a background check.
Sell: Once the gun is legally yours, you can sell it privately or through a dealer. Compare options in Pawn Shop vs. Private Sale vs. Consignment, and see How to Price a Used Gun.
Surrender: Local police may accept unwanted guns. Call the non-emergency line first.

Selling an inherited gun on GunTreasure

Make sure the estate is settled and the gun is yours.
Check the serial, and have a dealer look over anything unusual.
Research value. Old guns can be worth more than you expect.
List it with honest photos.
Follow How to Sell a Gun Privately in Utah.

Related guides

Next step

Find an FFL near you to help with transfers or appraisals, or list your gun when you're ready.