Devisee

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.

Attorney Advertising. This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. See our profiles at Lawyers.com and Martindale.com

THIS IS TO GIVE YOU NOTICE that Barnes Walker Title, Inc. is a separate entity from Barnes Walker, Goethe, Shea & Robinson, PLLC (“BWGSR). However, BWGSR has a business relationship with Barnes Walker Title, Inc. Barnes Walker Title, Inc. is wholly owned in equal shares by two of the three principals of BWGSR, Garret T. Barnes and Adron H. Walker. As such it is not uncommon for BWGPSR to refer clients to Barnes Walker Title, Inc. Because of this relationship, any such referral will provide a financial or other benefit to those principals of BWGPSR.

By using this website, you indicate that you have read the above Disclosures, and understand the business relationship between the separate entities Barnes Walker, Goethe, Shea & Robinson, PLLC and Barnes Walker Title, Inc. and that the stated principals of BWGSR and Barnes Walker Title, Inc. may receive a financial or other benefit as the result of the referrals stemming from this business relationship.

© 1995- 2025 • Barnes Walker • All Rights Reserved • Directory • Site Map • Protected by PsyberEdge Strategies

Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC