What Is a Devise in Real Estate?
A devise is the transfer of real estate through a will or last testament. Ownership passes only after the property owner’s death and probate approval.
Devise: Simple Real Estate Definition
A devise is a legal term that describes giving real property to someone through a will. The transfer does not take effect until the property owner dies and the will is validated in court.
How a Devise Works in Real Estate
A devise follows a formal legal process rather than an immediate transfer:
- The property owner includes real estate in a valid will.
- The will specifies how the property should be distributed.
- After death, the will is reviewed through probate.
- Once approved, ownership transfers according to the devise.
Until probate is completed, the property remains part of the estate.
Devise vs Other Real Estate Transfers
A devise differs from other ways real estate can change ownership:
- Sales occur during the owner’s lifetime.
- Gifts transfer property immediately.
- Trust transfers may avoid probate altogether.
A devise applies only when property is transferred by will after death.
Example of a Devise
If a homeowner’s will states that their primary residence should pass to a specific individual upon death, that transfer of ownership is a devise. The property is distributed according to the will rather than sold or transferred during the owner’s lifetime.
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Browse more definitions in our Real Estate Glossary.