Personal Representatives will sometimes discover that the person who died owned a gun collection. When that happens, I suggest that the Executor employ the services of a reputable gun dealer for several reasons. First, they can appraise the value (which you need for your records and for the Inventory). Second, if the gun is being shipped to a beneficiary of an estate, it has to go through a dealer. Third, the background check and other requirements for dealers gives you an extra layer of protection. Fourth, the dealer will know how to maximize the sales price.
If the gun is a collectible like a historic German pistol from WW II, then consider using an auction company that can obtain a better price than the typical gun shop. The probate judges are interpreting the “best interest” standard in A.R.S. 14-3703 to require the PR to maximize the income to the estate. That being said, even if you could get a few hundred dollars more from a private sale, I believe your duty to protect the estate (and yourself) from a future lawsuit trumps that. Use a dealer.
Friday, January 16, 2009
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