Glossary / Devisee

Devisee

A person who takes property under a will.

Distinct from "heir" in strict usage. A will names devisees; intestacy produces heirs. Both can hold mineral interests post-decedent, but the curative path differs: devisees come in through probated wills + executor's deeds; heirs come in through AOH or heirship judgment.

A devisee's interest vests at the decedent's death (subject to administration) but doesn't become marketable until the will is admitted and any necessary deeds are recorded. A divisive named in a will that's never admitted may have an equitable claim but lacks recordable title.

Specific devises (e.g., "I give my 1/4 mineral interest in Section 12 to my daughter Sarah") are the easiest to clear. Residuary devises (e.g., "the rest, residue, and remainder to my spouse") require the runsheet to know exactly what was IN the residue at the date of death — including minerals not separately listed.