Devisee

Quick Answer

A devisee is a person or organization named in a will to receive property from a deceased person’s estate.

Expanded Explanation

In estate planning, a devisee is someone specifically identified in a will to inherit property. Historically, the term applied mainly to gifts of real estate, but under modern law, including Colorado probate statutes, a devisee can receive real or personal property. Unlike heirs who inherit under intestate succession when there is no valid will, devisees inherit only because they are named in a will. A devisee can be a family member, friend, charity, or organization. Devisees do not receive property automatically at death; their rights arise through the probate process and are subject to the terms of the will, creditor claims, expenses of administration, and court oversight.

Why It Matters

Clearly naming devisees in a will allows you to control who receives your property and avoids relying on Colorado’s default inheritance rules. Properly drafted devise provisions can reduce confusion, limit disputes, and make probate more efficient. For beneficiaries, understanding whether you are a devisee helps clarify your rights and expectations during estate administration.

Related Terms

Heir · Beneficiary · Will · Probate · Intestate Succession

Helpful Next Steps

Estate Planning · Wills · Probate Administration

Reviewed by: Justin Blow, Colorado estate planning attorney
Last updated: February 3, 2026
Disclaimer: Informational only; not legal advice.

What is probate in Colorado?

Probate in Colorado is the legal process by which a deceased person’s assets are distributed and their debts are paid under court supervision.

When is probate necessary in Colorado?

Probate is typically required when a person dies with assets solely in their name, and those assets exceed a certain value, or there’s any real estate. The threshold amount changes over time, so checking the current limits is essential.

How do I start the probate process in Colorado?

To initiate probate in Colorado, you need to determine if formal probate is required, and then file an Application or a Petition (as well as the necessary ancillary documents) with the appropriate court, depending on the circumstances.

What assets are subject to probate in Colorado?

Generally, assets that are solely owned by the deceased, such as real estate, bank accounts, and personal property, are subject to probate. Jointly owned assets with rights of survivorship, assets held in a trust, and assets with designated beneficiaries typically bypass probate.

How long does the probate process take in Colorado?

The duration of probate in Colorado can vary depending on the complexity of the estate and any disputes that may arise. Often it takes a year or more to complete.

What are the costs associated with probate in Colorado?

Probate costs in Colorado can include court fees, attorney fees, personal representative fees, and other administrative expenses. These costs can vary based on the size and complexity of the estate.

Can I avoid probate in Colorado?

Yes, there are strategies to avoid probate in Colorado, such as creating a revocable living trust, using beneficiary designations on assets like life insurance policies and retirement accounts, and jointly owning property with rights of survivorship.

What are the rights and responsibilities of a personal representative in Colorado?

The personal representative (executor or administrator) is responsible for managing the estate, paying certain debts and taxes, and distributing assets to beneficiaries in accordance with the law and the deceased person’s will (if one exists).

How are disputes handled in Colorado probate cases?

Disputes in Colorado probate cases can be resolved through mediation, negotiation, or litigation in court if necessary. Common disputes may involve the validity of the will, claims by creditors, or disagreements among beneficiaries.

Is estate tax a concern in Colorado probate?

Colorado does not have a state-level estate tax, but federal estate tax may apply to larger estates. It’s important to consider federal tax implications when dealing with an estate.

Is estate tax a concern in Colorado probate?

Colorado does not have a state-level estate tax, but federal estate tax may apply to larger estates. It’s important to consider federal tax implications when dealing with an estate.
It’s essential to consult with an attorney or legal professional experienced in Colorado probate law to get accurate and up-to-date information and guidance on your probate matter.

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