property

devise

A devise is a gift of real property made through a will. The person who receives the real property is the devisee, and the person making the will is the testator. A gift of personal property by will is called a bequest or legacy. When a testator dies, devised property is typically transferred to the devisee through probate, subject to the estate's debts and any state rules protecting spouses.

Exam tip
Devise = real property by will; bequest = personal property by will. Exams love this vocabulary pair.
Example
Grandma's will states, "I leave my lake cottage to my grandson Tom." That gift is a devise, and Tom is the devisee.

Related terms & state variants

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Last verified: 2026-10-23