My father passed away and left the three of us his stuff.  Including a few NFA items (I already had some of my own).  He was an attorney and worked for the Treasury Dept before he retired, so I had thought he knew his way around the legal stuff.

ATF wants his Last Will and Test., which I don't think he had at the end.  Reason being he met with us and we agreed on an executor (me) and how to divide things.  There were no issues and aside from the transfer items, we are done.  He specifically did not want to go to probate, so there are no court docs at all.

They want the LW&T, and proof of me being the executor.  How do I provide that with no document?  

Does your state law allow for an oral agreement? In WA oral trusts are valid with two witnesses

I have no idea how that plays out in court, but if you can point to the state law that you're following they should be ok with it

Possible to have a court order recognizing you are executor of the will? That should likewise suffice I would guess.

The key problem is the lacking of a will.  He might have one and I'm going to have to go through all the stored documents to hopefully find one.  Either that or probate it, which will cost money, probably more than the value of the items.

There is no need for a will, ATF is wrong on that. But there does need to be an executor to handle the estate. Without an executor, the firearms are contraband.

As for the guns, can they be easily made non-NFA? Like SBRs becoming rifles or parts? That might be the easiest solution. Silencers would be harder.

Is this materially different from filing a tax return with a Form 1310?
With the 1310, you basically tell the IRS whether you're a court appointed executor, that there is not and will not be a court appointed executor if you're not one, and that you'll distribute the funds in accordance with state law, and fuck be upon you if you don't follow state inheritance laws.

The Trust is written like a Will, which I think may be what he thought was sufficient.  I can get declared executor.

The items are four suppressors and a 10/22 with a Ciener Suppressor barrel, so there's no way to mod them.  It's either this way or bandsaw.

My trust lists an executor and beneficiaries, it better be enough.