Devise

Estate Documents

A gift of property (real or personal) made through a will under modern Arizona probate law.

A devise is any gift of property made through a will. Older legal language used "bequest" for personal property and "devise" only for real estate. Arizona's Uniform Probate Code now uses devise for both.

Types of Devises

A specific devise names a particular asset ("my Toyota Tacoma"). A general devise gives a stated dollar amount. A demonstrative devise names a source for the gift but is not lost if the source disappears. A residuary devise covers everything left over.

When a Devise Fails

If a specifically devised item is no longer in the estate, the gift may be adeemed under A.R.S. 14-2606. If a beneficiary dies before the testator, the gift may pass to that beneficiary's descendants under Arizona's antilapse statute, or fall into the residue if antilapse does not apply.