What Is a Devise?
In estate planning and probate law, a devise is the legal term for a gift of real property made through a will. When a Florida property owner writes in their will, "I leave my beach house to my daughter," that gift is a devise.
The terminology is precise:
- Devise — A gift of real property through a will.
- Bequest / Legacy — A gift of personal property (money, jewelry, furniture) through a will.
- Devisee — The person who receives the real property.
- Testator — The person who made the will.
Florida Homestead Devise Restrictions
The most critical limitation on devises in Florida involves the homestead. Under the Florida Constitution (Article X, Section 4(c)), if the decedent is survived by a spouse or minor child, the homestead cannot be devised to anyone other than the surviving spouse. The surviving spouse receives either:
- A life estate in the homestead (the right to live there for the rest of their life), with a remainder interest to the decedent's children; or
- An undivided one-half interest as tenants in common with the decedent's children.
A will that attempts to devise the homestead to someone other than the surviving spouse is void as to that provision.
Types of Devises
- Specific Devise — A gift of a specifically identified property ("my condo at 123 Beach Road").
- General Devise — A gift described in general terms ("any of my real property").
- Residuary Devise — A gift of whatever real property remains after all specific devises are fulfilled.
Related Terms
- Probate — The court process that administers devises
- Homestead — The constitutional restriction on devises
- Will — The document containing the devise
Barnes Walker Estate Planning
Barnes Walker's estate planning attorneys draft Florida wills with carefully structured devises that comply with homestead restrictions, minimize probate costs, and ensure our clients' real property passes to their intended beneficiaries without legal challenge. Request a legal inquiry for assistance.
Florida Law Reference
Fla. Stat. Ch. 732
Governs the execution requirements for valid wills in Florida, intestate succession, the elective share, and the rights of pretermitted spouses and children.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC