If this is your first time implementing an estate plan in California, you may find yourself surrounded by unfamiliar terms and legalese. It is important to seek clarification of these questions so that you are working with all of the right parties during the administration process. One such example are the legatees and devisees under a will. These individuals must be listed on certain probate court forms. They are also entitled to certain rights and protections under the law that must be respected.
Understanding the Legatees and Devisees
Legatees and devisees can be described as follows:
- Specific devisee – This is a person or entity that is named in the will to receive specific real estate that belonged to the decedent.
- Residuary devisee – The residuary devisee is a person or entity that is entitled in the will to receive all of the real property not specifically devised under the will.
- Specific legatee – This is a person or entity who is named to receive personal property under the will. An example would be someone who is stated to receive jewelry in the decedent’s will.
- Residuary legatee – The residuary legatee is a person or entity who is named to receive all of the personal property that was not specifically assigned under the will.
Devisees and legatees will need to be notified of certain actions taken during the estate administration. These parties also need to be named on a Petition for Probate. An experienced attorney can help you understand the additional rights and duties relating to devisees and legates during an estate administration.
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