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Posted: 1/31/2008 10:31:38 AM EDT
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Howdy All, I am putting "my affairs in order" and need to fill out a Form 5 in accordance with my will. I want things to be simple when/if I croak. Does the ATF require a copy of the will in addition to the Form 5? Or am I over-complicating things? I understand that a set of fingerprint cards would be needed. It has been years but I remember having a bit of trouble getting blank fingerprint cards. Has this changed? Thanks, Cheese |
A Form 5 to an heir requires a copy of the death certificate, fingerprint cards and photos (no CLEO signoff, and of course no $200 transfer tax, even if the heir is in another state). The executor of the estate must also sign the application. You can read all about it in section 9.5.3 of the ATFE's NFA handbook, downloadable in .pdf form here: www.atf.gov/firearms/nfa/nfa_handbook/chapter9.pdf |
Before we begin, unless you have reason to believe your time here is limited, pre-preparation will mean NOTHING if the regs change or the Form 5 is updated between now and your death date. Your pre-prepared form will be meaningless if they make a new form..! Perhaps you'd be better served by leaving the gun to whoever in your will and leaving a letter with the will containing layman's info about the gun. "The following firearm, ....., is not a standard firearm and cannot be transferred like a standard firearm. It is a National Firearms Act registered _type of weapon here_. I have left this gun to _name here_. As they are mentioned in my will, it will transfer TAX FREE to thie heir on a "Form 5." You can get guidance on this, the forms themselves, and the fingerprint cards from the Bureau of Alcohol, Tobacco, Firearms, & Explosives' National Firearms Act Branch. As of 01/2008, they are out of Martinsburg, WV and can be reached at 304-616-4500. Their mailing address is 244 Needy Road, Martinsburg, WV 25405. Also, do you have a TRUSTED NFA friend or dealer? Ask them if they'd be willing to help out if something bad happened to you. Toss 'em $100 or a fine bottle of whatever in exchange for them guiding your heir through all of the papers when the time comes. Oh, and keep your will up-to-date. The transfer's not tax-free if your heir dies and somebody else gets your gun! Also stick in some sort of thing in case the heir dies on the same day as you and/or if they can't own the gun due to some legal change in their status or their state's/locale's status. Imagine your INTENDED heir (not the deceased one listed in the will), if they're out of state, having to pay for TWO transfers PLUS a dealer's transfer fee PLUS shipping AND waiting 4-6 months versus paying NOTHING and only waiting a month or two! If you do decide to pre-do the paperwork (I still recommend against), here's what I remember from purchasing a papered DEWAY back in 06/2006. 1. The transferor is "The Estate of Cheesebeast, next line "Blah Blahblah, Estate Administrator/Personal Representative/whatever title," and the rest is the address of the estate (lawyer's office, personal rep's office, etc. 2. A photocopy of the official state death certificate MUST be included. 3. A signed statement had to be included stating that Blah Blahblah, Estate Administrator/Personal Representative/whatever title was indeed the legal estate administrator/personal representative/whatever title. ATF preferred a copy of the official court appointment but allowed the signed statement because the estate closed a while back. (ATF's pretty kind to estates; they know that the people dealing with the issue usually have no clue as to what's up and are just trying to be legal about it- even YEARS after the fact.) 4. The transferor signs with their full name AND TITLE. That's about all I remember... You're wise to pre-plan, but I advise writing that letter and keeping it with your will than filling out a Form 5 that could easily be declared obselete and causing a horrible amount of confusion and frustration. Mike |
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Awesome fellas, There is more to this than I thought. I do need to see if I can find a good NFA dealer in my area in case my heir wishes to sell (which I expect they would). I am not morbid, but after dealing with some unresolved issues in the estates of my relatives I want to simplify things if I can. Thanks very much, I do hope this is all moot but I know it isn't (ultimately). Thanks, Cheese |
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With all due respect to prebans ... IMHO, having a pre-filled Form 5 is a good idea. It gives your executor and/or heirs an idea of the paperwork and process, and if nothing else provides the raw info for filling out most of whatever new Form 5 comes up between now and then. Just attach a note telling said executors/heirs that they should contact BATFE to find out if this form is still acceptable. (And BATFE actually does appear very willing to help settle estates; they might very well accept an out-of-date form in this sort of situation, as long as it conveys the info they need.) I agree 110% with prebans that if you do not have any heirs who might be interested in NFA, you should have a dealer lined up in advance (and primed with gifts) to assist in settling your estate.  |
Due respect? Good Lord, man- I'm just another schmuck!  I can see the point of having a pre-filled-out one to serve as an example if a new Form 5 comes into existence. One thing, though- the personal rep has to sign as the transferor. No one becomes a personal rep until AFTER somebody dies. Therefore, you might want to leave it unsigned, untitled, and undated. Perhaps you could use a sticky note and/or leave that letter with instructions as to where/how to sign? Better yet, do both Form 5s (two copies are always required) and write that letter! From personal experience, ATF is very understanding and helpful with estates. I've heard of them assisting with transfers well over two decades after the previous owner died. Just be reasonable; a lawful heir calling years after the fact and explaining the situation is fine while some weirdo calling about a MP-40 they bought from an estate sale merits confiscation. One thing, though- it might be good to have a helpful dealer even if the heir IS interested in the gun. First-time NFA transfers are hard enough for a new person, much less a weird special case like an estate Form 5 transfer. Mike |
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