What Is a Devisee in Probate? Understanding Inheritance of Real Property
A devisee is an individual or entity designated in a last will and testament to inherit real property, such as land, residential homes, or commercial buildings, from a deceased person’s estate.
In estate planning and probate law, the term “devisee” carries specific legal significance. Whether you are drafting a will, managing an estate, or expecting to inherit property, understanding the role of a devisee is essential. This guide explains what a devisee is, how they fit into the probate process, and how they differ from heirs, beneficiaries, and legatees.
Table of Contents
Key Characteristics:
- A devisee typically inherits real estate (e.g., a house, farmland, or rental property).
- They are distinct from a legatee, who inherits personal property (e.g., money, jewelry, or vehicles).
- If no valid will exists, state intestacy laws govern inheritance, and recipients are called heirs, not devisees.
- In some states, the term devisee may include those inheriting both real and personal property.
The Devisee’s Role in the Probate Process
Probate is the court-supervised legal process that validates a will and oversees the distribution of assets. The role of a devisee within this process includes:
- Will Validation: The probate court confirms the will’s authenticity. If valid, the executor of the estate (or court-appointed administrator) identifies and notifies devisees.
- Notification & Legal Rights: Devisees receive formal notice of probate proceedings, giving them the opportunity to contest the will if they suspect fraud, undue influence, or lack of testamentary capacity.
- Property Distribution: Once debts, taxes, and claims are settled, the real estate is transferred to the devisee through a court order or property deed transfer.
Related article for you:
Do You Need a Death Certificate to Probate a Will? Everything You Should Know
Devisee vs. Heir vs. Beneficiary vs. Legatee
| Term | Definition | Source of Inheritance |
| Devisee | Receives real property via a will | Named in a valid will |
| Legatee | Receives personal property via a will | Named in a valid will |
| Heir | Inherits assets if there is no will (intestate succession) | Determined by state intestacy laws |
| Beneficiary | Receives assets via trusts, life insurance, or retirement accounts (non-probate assets) | Trust documents, insurance policies, or beneficiary designations |
Rights and Responsibilities of a Devisee
Devisee Rights:
- Right to Inheritance: As long as the will is valid and uncontested, the devisee is entitled to the real property assigned to them.
- Right to Contest the Will: If there is evidence of undue influence, fraud, or errors, a devisee can legally challenge the will.
- Right to Information: Devisees can request updates on probate proceedings and estate financials.
Related article for you:
Why Is a Bond Needed for Probate? Protecting Heirs and Ensuring Accountability
Devisee Responsibilities:
- Tax Obligations: Some devisees may need to pay inheritance taxes, property taxes, or capital gains taxes.
- Debt Liability: If the estate lacks funds to cover outstanding debts, the real property designated to the devisee may be sold to settle obligations.
- Property Maintenance: If real estate is inherited, the devisee assumes responsibility for its upkeep, mortgage payments (if applicable), and legal ownership transfer.
Challenges Devisees May Face in Probate
- Delays in Property Transfer – Probate can take months or even years, delaying access to inherited real estate.
- Estate Disputes – Multiple devisees or unclear will provisions can cause conflicts over property division.
- Outstanding Liabilities – If the inherited real estate has a mortgage, tax lien, or unpaid debts, the devisee must address them before taking ownership.
State-Specific Considerations for Devisees
The legal definition of a devisee and probate procedures vary by state. Here are a few examples:
- California: In California probate law, a devisee can inherit both real and personal property (Probate Code § 21110).
- Texas: Texas laws allow a surviving spouse to claim homestead rights over inherited property (Estates Code § 102.002).
- Florida: If a will disinherits a surviving spouse, Florida elective share laws may allow them to claim a percentage of the estate (Fla. Stat. § 732.201).
- New York: The term devisee applies strictly to real estate inheritance, and probate bonds may be required if disputes arise (SCPA § 805).
Example Scenario: How Devisees Inherit Real Property
John’s last will and testament states: “I devise my beachfront vacation home to my son, David.”
- David is the devisee: He inherits the property after probate is completed.
- Probate Process: The executor ensures all estate debts, taxes, and legal fees are paid before transferring ownership.
- Legal Transfer: Once the probate court grants approval, a new property deed is issued in David’s name.
How Devisees Can Protect Their Inheritance
- Review the Will: Ensure the will is legally valid and clearly designates you as a devisee.
- Hire a Probate Attorney: A legal expert can help probate succession laws and resolve disputes.
- Monitor the Estate’s Financials: Stay informed about potential estate debts, property taxes, and real estate liens.
- File for Legal Action if Necessary: If another party contests the will or delays probate, legal intervention may be needed.
Final Thoughts
A devisee is a key figure in probate, receiving real property as specified in a last will and testament. While this inheritance can be a valuable asset, it often comes with legal responsibilities, potential estate disputes, and tax considerations. By understanding your rights, obligations, and the probate process, you can better manage an estate settlement and protect your inheritance.
Need Help?
If you’re a devisee facing probate challenges, consider consulting a probate attorney for guidance. For additional resources, visit:
- Nolo.com (Estate Planning & Probate Laws)
- American Bar Association (State-Specific Probate Rules)
- LegalZoom (Affordable Will & Estate Planning Services)
By equipping yourself with knowledge and legal support, you can ensure a smooth probate process and secure your rightful inheritance.