Devisee

Probate & Legal

A person named in a will to receive a gift of property (called a devise).

A devisee is a person or group named in a will to receive property. The property being given is called a devise. The person who wrote the will is the testator. These terms appear often in Arizona probate statutes and court papers.

Types of Devises

Not all gifts in a will are treated the same way. There are several types:

Specific devise: A gift of a particular item ("my wedding ring to my daughter")
General devise: A gift of a stated amount ("$25,000 to my brother")
Residuary devise: Whatever remains after all other gifts are distributed
Class gift: A gift to a group with a shared trait ("to my grandchildren")

Why the Distinction Matters

The type of devise affects what happens when things go wrong. Specific devises are subject to ademption if the property is gone. General devises are paid from estate funds no matter which assets remain. Class gifts grow or shrink based on how many members survive the testator.

Knowing these terms helps when reading a will or going through probate. Clear gift identification reduces the chance of disputes after death.