What are the differences between legatee, heir, beneficiary, and devisee

When it comes to estate planning and inheritance, terms like devisee, legatee, heir, and beneficiary are often used interchangeably—but they actually have different legal meanings. Understanding what each one means can help you better navigate estate documents and feel more confident about your plan.

Let’s break down these terms one by one—and make sense of how they fit into wills, trusts, and inheritance.

What are the differences between legatee, heir, beneficiary, and devisee?

Let’s start by explaining each term in simple language.

• A legatee is someone who’s named in a will to receive personal property—things like money, jewelry, or other belongings. Historically, this term was used for people inheriting movable assets (like cash or a car), while real property (like a house or land) was reserved for a devisee. Today, some states use “legatee” more broadly to mean anyone named in a will, regardless of the type of property.

• A devisee is usually someone named in a will to inherit real property, like a home or piece of land. In some jurisdictions, the term has expanded to include all types of inherited property via a will—but that varies by state.

• An heir is someone who inherits assets under state law, when there is no valid will. These individuals are usually close relatives—think spouses, children, or siblings. The key distinction here is that heirs step in only when someone dies without a will.

• A beneficiary is anyone named in a legal document—like a will, trust, life insurance policy, or retirement account—to receive something after someone passes. Beneficiaries can be individuals, organizations, or institutions, and they can inherit both real and personal property.

Legatee, heir, beneficiary and devisee: What are the differences?

Here’s a quick breakdown of how these terms compare:

• Legatee: Named in a will to receive personal property (money, belongings, valuables).

• Devisee: Named in a will to receive real property (real estate, land, buildings). Some states use the term more broadly.

• Heir: Legally entitled to inherit when someone dies without a will (intestate). Based on family relationships.

• Beneficiary: Named in a legal document to receive assets. This is the broadest term and can apply to wills, trusts, and financial accounts.

What is a legatee?

A legatee is someone named in a will to inherit personal items—like your favorite watch, vintage car, or art collection. The term might sound old-fashioned, but it’s still used in some estate planning documents.

What is an example of a legatee?

Imagine Sarah writes a will and leaves her niece, Emily, a box of antique jewelry. Emily is a legatee—because she’s receiving personal property through Sarah’s will.

What is a devisee?

A devisee is someone who inherits real estate under the terms of a will. For example, if Sarah leaves her home to her nephew, James, he would be considered a devisee.

While the traditional definition of devisee only included real property, some states now use the term more loosely to describe anyone who inherits anything under a will. It depends on where you live and how local laws interpret the term.

What's the difference between heir and devisee?

Here’s how to tell them apart:

• An heir inherits automatically based on state law—and only when there’s no will in place.

• A devisee is named in a will to inherit real property.

Think of it this way: an heir steps in when no plan exists. A devisee follows the instructions written in a will.

What is a beneficiary?

A beneficiary is anyone named in a will, trust, life insurance policy, or retirement plan to receive something after your passing. They could inherit money, real estate, personal items—or all of the above.

Beneficiaries don’t have to be family. They can be friends, charities, or even organizations. What matters is that they’re named by you.

Is a legatee a beneficiary?

Yes—a legatee is a type of beneficiary.

All legatees are beneficiaries, but not all beneficiaries are legatees. A legatee specifically refers to someone receiving personal property through a will. So while every legatee is on the beneficiary list, not every beneficiary fits the legal definition of a legatee.

What is an heir?

An heir is the person who inherits your estate if you die without a will. In most states, the law prioritizes your spouse, children, parents, or other relatives—depending on who survives you.

Unlike beneficiaries or legatees, heirs aren’t chosen by you. The state determines who they are based on its own legal rules. That’s why creating a will is so important: it lets you decide who receives what, instead of relying on default laws.

Estate planning doesn’t have to be complicated or confusing. When you create your plan with Trust & Will, you’ll have access to everything you need—from definitions to documents—so your wishes are clear and your loved ones are protected.

At Trust & Will, we keep things simple. You can create a fully customizable, state-specific estate plan from the comfort of your own home. Take our free quiz to see where you should get started, or compare our different estate planning and settlement  options today!

Is there a question here we didn’t answer? Browse more topics in our learn center, visit our Frequently Asked Questions (FAQ) page,  or chat with our member support!

Trust & Will is an online service providing legal forms and information. We are not a law firm and we do not provide legal advice.