In real estate, Devise refers to the transfer of real property through a valid will upon the death of the property owner. When a person dies testate (with a will), the real estate specified in the will is devised to the named beneficiary, known as the devisee, according to the terms set by the deceased.
A devise becomes effective only after the owner’s death and is subject to probate, debts, taxes, and any other legal requirements of the estate. This term applies specifically to real property, distinguishing it from bequest, which traditionally refers to the transfer of personal property by will.
