What does the term "devise" refer to in real estate?

The term "devise" specifically refers to the act of transferring real property through a will. In legal terminology, when someone dies and leaves their real estate assets to a beneficiary as part of their estate plan, this transfer is described as a devise. The significance of this term is rooted in its association with testamentary documents, which can dictate the future ownership of real estate after the owner's death.

In contrast, transferring personal property by will pertains to a different term, often referred to as "bequeath," highlighting the distinction between real property and personal property. Additionally, legal obligations in real estate transactions and lease agreements do not relate to the definition of "devise," as these concepts involve different aspects of real estate law and property rights that are not connected to the testamentary transfer of real property. Understanding "devise" in this context is crucial for recognizing how estate planning affects property ownership.