Devise & Bequest
Transferring property by will: a devise is a gift of real property such as minerals, while a bequest is a gift of personal property.
Devise and bequest are the two classic ways a will gives property away. Strictly speaking, a devise is a gift of real property and a bequest is a gift of personal property. Because minerals in the ground are treated as real property, a will that leaves oil and gas to an heir is technically devising them, though many modern wills and courts use the terms loosely and interchangeably.
The distinction matters for mineral owners because it controls how clean the transfer is. A will that specifically devises the mineral interest, or includes a residuary clause broad enough to capture overlooked minerals, lets title pass through probate to the named beneficiary. A will that never mentions minerals can leave them to fall into the residuary estate or, worse, get missed entirely.
Devising by will lets an owner direct exactly who gets the minerals, unlike intestate succession, where state statute decides. This is general information, not legal advice.