Estate sale of firearms and machine guns

I received an email asking what the law was on an estate sale of firearms -- especially if it was thru an auctioneer.  The law is that the estate sells as a private individual -- thus, the administrator of the estate may lawfully sell all weapons without the NICS check, although it is a good idea to do a bill of sale, and make sure you've checked the driver's license, and asked if they are "prohibited" in any way.  Obviously,  don't sell if they are from out of state, or prohibited.  If an auctioneer does the sale -- he or she is also selling "for the estate" unless the firearms were actually sold to him.  An auction of firearms not on behalf of an estate, or not by the actual owner does require an FFL.   As always,   NFA weapons can be held by the administrator only -- and only transferred after the approval is obtained from ATF.  A transfer prior to the approval means you've just committed a felony, and the NFA firearm has just become contraband.  Only the administrator should have possession of the NFA firearm, and it should not be handled by anyone else except in the actual physical presence of the administrator.

Interesting, huh?