Devisee Information
In estate planning, a devisee is distinguished from a “legatee,” who typically receives personal property rather than real estate. A devisee may receive specific property, such as a parcel of land, or a general devise, such as a share of all real estate owned by the testator. Devisees have legal rights to the property once the will is validated through probate, subject to debts, taxes, and administrative expenses. Executors or personal representatives are responsible for ensuring that the devisee receives clear title to the devised property.
Florida Legal Definition
Under **Chapter 731 of the Florida Probate Code**, a devisee is defined as any person designated in a will to receive real or personal property. Florida law no longer distinguishes between “devisees” and “legatees,” treating both as beneficiaries under a will. The distribution of property to a devisee occurs during the probate process, once all estate obligations are satisfied. Florida statutes require that wills clearly identify devisees to prevent ambiguity or disputes, and courts oversee the transfer to ensure compliance with estate law.
How It’s Used in Practice
In practice, devisees are named in wills to receive ownership of property after the testator’s death. Estate attorneys assist in drafting wills to ensure devisees are properly identified and that the transfer complies with Florida probate procedures. During probate, the court validates the will, settles debts, and authorizes the transfer of property to the devisee. Real estate transactions involving devised property require proper documentation to record the new ownership and clear title in the public record.
Key Takeaways
- A devisee is a person or entity that receives real or personal property under a will.
- The transfer to a devisee takes effect after the testator’s death and probate approval.
- In Florida, defined under Chapter 731 of the Florida Probate Code, which treats devisees as general will beneficiaries.
- Wills must clearly identify devisees to avoid disputes during probate.
- Estate attorneys and probate courts ensure the proper transfer and recording of devised property.
Disclaimer: The information and opinions provided are for general educational, informational or entertainment purposes only and should not be construed as legal advice or a substitute for consultation with a qualified attorney. Any information that you read does not create an attorney–client relationship with Barnes Walker, Goethe, Perron, Shea & Johnson, PLLC, or any of its attorneys. Because laws, regulations, and court interpretations may change over time, the definitions and explanations provided here may not reflect the most current legal standards. The application of law varies depending on your particular facts and jurisdiction. For advice regarding your specific situation, please contact one of our Florida attorneys for personalized guidance.
Trust • Experience • Results
Ready to Get Started?
Get started with Barnes Walker today.
