Who Inherits Guns If a Husband Dies Without a Will in Missouri?
- Drew McDermott
- Aug 18
- 3 min read
Updated: Aug 22
We see this question often when working with families and estate professionals. Firearms are considered personal property under Missouri law, but unlike furniture or jewelry, their transfer is governed by strict probate rules and federal regulations. When a husband passes away without a will, the question of “who inherits the guns” often creates confusion, and sometimes conflict.
Families want to know: Does the wife automatically get the guns? What if there are children from another marriage? What if the heir lives in a different state?
Let’s walk through a few common scenarios and what they mean for Missouri families.
Scenario 1: Husband Dies Without a Will and Has No Children (Missouri law)
If the husband dies intestate (without a will) and has no children, the surviving wife inherits everything, including firearms. The transfer is handled through probate, but there are no competing heirs.
What this means for you: In this case, the spouse takes possession of the firearms directly, as long as she is not prohibited from firearm ownership under federal law.
Scenario 2: Husband Dies Without a Will, With Children From the Marriage (Missouri law)
When there are children and all belong to both husband and wife, Missouri law gives the spouse the first $20,000 plus half of the remaining estate. The children split the rest.
What this means for you: The wife may receive some or all of the firearms, but depending on the size of the estate, certain firearms could be allocated to children through probate distribution. In many cases, the court or executor will require a certified appraisal to determine fair market value before deciding how to divide firearms among heirs.
Scenario 3: Husband Dies Without a Will, With Children From a Previous Relationship (Missouri law)
This is where things get complicated. If the husband has children from another relationship, Missouri law splits the estate: the wife receives one half, and the children share the other half.
What this means for you: The spouse may inherit some firearms, but children from outside the marriage are entitled to a share. Disputes can arise quickly, especially if particular guns hold sentimental or collector value. In many cases, a certified appraisal helps ensure fairness when firearms are divided between a spouse and children.
Scenario 4: Husband Dies With a Will Naming the Wife (Missouri law)
If a valid will leaves the firearms to the wife, she inherits them unless the will is contested. Missouri probate courts generally uphold written intent, but firearms may still need to be formally inventoried and transferred.
What this means for you: A clear will makes transfer easier, but the guns still go through probate paperwork.
Scenario 5: Husband Dies With a Will Naming Someone Else (Missouri law)
If the will leaves firearms to a child, friend, or other relative, the wife does not automatically inherit them. Probate follows the will.
What this means for you: The wife may not receive any firearms unless she negotiates with heirs or buys them from the estate. Even with a will, firearms should be inventoried and appraised so probate paperwork reflects fair market value.
Special Considerations
Safe Storage During Probate
Firearms should be secured immediately after death. Executors and administrators are responsible for ensuring they are stored safely and legally until probate determines ownership. This often means moving them into a locked safe, or in some cases, temporarily transferring them to a licensed dealer until the estate is settled.
Guns Across State Lines
If the surviving spouse lives in Missouri but heirs live in another state, federal law allows firearms to pass directly to the heir by inheritance, even across state lines, without going through an FFL. However, the heir must not be a prohibited person, and state laws in both Missouri and the heir’s state must be followed. In practice, many families and attorneys choose to use an FFL anyway, since it provides documentation and reduces the risk of non-compliance with varying state laws.
NFA Firearms (Suppressors, SBRs, etc.)
If the estate includes regulated items under the National Firearms Act, such as suppressors or short-barreled rifles, transfer requires ATF Form 5 approval before anyone can legally take possession, even the spouse.
Final Thoughts
Firearms add an extra layer of complexity to probate. While they are treated as personal property, both federal and state gun laws impose limits on how and when they can be inherited. Families who plan ahead, with appraisals, secure storage, and clear estate instructions, avoid many of the disputes we see in contested estates.
👉 For a deeper breakdown of scenarios that include blended families, heirs in other states, and contested estates, download our free guide:
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