Devise
Definition:
A devise is a legal term referring to the transfer of real property (land or buildings) to another person through the terms of a will. The individual making the gift is called the “testator,” and the person receiving the property is the “devisee.” Unlike a “bequest,” which applies to personal property, a devise specifically concerns real estate.
Devise Information
A devise occurs when a property owner designates in their will who will inherit their real property upon death. This legal arrangement ensures that ownership passes according to the testator’s wishes rather than through state intestacy laws. Devise provisions can specify conditions or limitations, such as who can occupy or sell the property. When the testator dies, the will must go through probate before the devised property officially transfers to the devisee. If no valid devise exists, the property passes to heirs as determined by law.
Florida Legal Definition
Under Florida Statutes §731.201(10), a “devise” means a testamentary disposition of real or personal property. While traditionally the term referred only to real property, Florida law now extends its use to include all types of property distributed through a will. A “devisee” is any person designated in the will to receive property, including beneficiaries of both real and personal assets. The statute ensures that testamentary gifts are clearly defined and enforceable during probate proceedings.
How It’s Used in Practice
In Florida, the term “devise” frequently appears in wills, estate plans, and probate documents. Attorneys use it to identify and describe how property should be distributed after the testator’s death. For example, a will might state, “I devise my home located at 123 Palm Avenue to my daughter.” During probate, the executor ensures the property is transferred in accordance with the devise. Legal practitioners also ensure that all devised property complies with title, homestead, and spousal rights under Florida law.
Key Takeaways
- A devise refers to the transfer of real property through a will.
- The person giving the property is the testator, and the recipient is the devisee.
- Florida law extends the term to include both real and personal property under wills.
- Devised property must go through probate before official transfer to the devisee.
- Precise wording in a will ensures clear and valid distribution of assets.
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.
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