What does it mean if specifically bequeathed property is not part of the estate at the time of the decedent's death?

When specifically bequeathed property is not part of the estate at the time of the decedent's death, it means that the intended gift does not exist in the estate and therefore cannot be transferred to the beneficiary. This situation is known as "ademption." In legal terms, ademption occurs when a testator bequeaths a specific item to a beneficiary, but that item is no longer available because it has been sold, destroyed, or otherwise disposed of before the testator's death.

Due to the nature of specifically bequeathed gifts, when ademption occurs, the gift fails entirely; the beneficiary will not receive any substitute or replacement for the bequeathed item. This principle ensures that the intent of the testator is respected, as they intended to give a specific item rather than an equivalent or other property.

Understanding this concept is crucial in probate and estate administration, particularly concerning the property that the testator might have owned at one point but is no longer part of their estate at the time of death.