Hi all,
My father passed away and left me several machine guns.  He used to be a class 3 dealer in the 90's but I am sure these are transferable and not pre-May samples.  The thing is the only paperwork I can find are some form 3's. I could have sworn I saw some paperwork with a stamp but that has not surfaced or maybe that was just my imagination from when I was younger.  

I would like to submit these guns on a form 5 soon but having never done this (and there isn't a ton on form 5's on the internet) I am not sure what to submit to the ATF when I do.  
Is this (form 3) paperwork adequate enough? Do I even need to send it in along with the form 5's as proof? Any help or info on people's experience and what paperwork the ATF wants would be greatly appreciated!
Thanks,
PN

Transferrables to you, as the heir of an estate, are OK - you'll have to fill them out (the F5s) and maybe provide state probate or bequest paperwork, related to the estate.

You don't have to provide ATF copies of the F3s or whatever. They know what's in your father's "bucket" as far as registrations on the NFRTR

Are you the executor of the estate?

Thats who needs to submit the F5's....

Awesome! Thank you!

Good call-I am not. Trying to get all of the materials to that person (fingerprint cards, passport photos, etc.) and don't want to miss anything and have to go back and forth with the ATF because of a missing piece.

-Pickled

Transfers of National Firearms Act Firearms in Decedents’ Estates


Updated in 2006, information should still be valid.

Perfect! Thank you!

The forms should hopefully get sent in within the next week or two. Now I'm just crossing my fingers that the form 5 wait times are still only around 1 month.

Perfect time to need lots of 9mm

-Pickled

I ask in this thread instead of starting a new one.

I have several individual approved NFA items and several in a trust.

Can my individual items be transferred to my trust via form 5 if I die.

My son is the beneficiary of the individual items and he is a co trustee/successor trustee.

Not sure if it matters if the items go in the trust or transfer directly to him.

Yes, because inherited NFA transfers are always tax-exempt.
Any legal entity (including a trust) can be named as a beneficiary.

If the trust will cease to exist upon your death (after distribution to beneficiaries) then you would not want them to transfer into the trust after you die (so direct would be better).
Each state has its own rules about whether a trust can survive the settlor (and for how long).

Each firearm can go to whomever you will it to (or to the beneficiaries named in a trust). If your son makes his own trust or LLC later then you could name that entity as the beneficiary, instead of him as an individual.

Looks like the trust can survive after my death, but it becomes irrevocable.  With him being the only other trustee, it sounds pointless to keep items in the trust after my death.

Thanks for the info.

Didn't think of that.
So create a trust with son as settlor, trustee and beneficiary.  All my items transfer to his trust upon my death. He gets flexibility of trust to add future cotrustees and beneficiary.