What is per stirpes?
Per stirpes is a distribution method where each branch of the family receives an equal share, divided among the descendants in that branch.
Per stirpes divides an estate by branches of the family so a deceased heir’s children step in.
Where the word "Per Stirpes" comes from
Per stirpes comes from Latin, meaning by the branch or stock. It directs that inheritance follows family lines, so if a child of the original person has died, that child's share passes to their own descendants, keeping the branch's share intact.
Why Per Stirpes matters
It protects grandchildren when a parent dies before the person making the gift. The share intended for a deceased child goes to that child's children rather than being redistributed among the surviving siblings.
Common confusion about Per Stirpes
Per stirpes is often confused with per capita, and the difference can change who receives what. Under per stirpes, a deceased child's share passes down the branch; under per capita at each generation, everyone at the same generational level shares equally, even if a parent died earlier.
A real-world example of Per Stirpes
A grandmother leaves her estate to her two children per stirpes. One child has already died, leaving three children of her own. The surviving child takes half, and the three grandchildren divide the deceased child's half equally among themselves.
A worked example of Per Stirpes
A woman's will leaves her estate per stirpes to her three children. One child dies before her, leaving two children. At her death, the two surviving children each take one-third, and the deceased child's two children each take one-sixth, preserving the deceased child's branch share. If the will had instead used per capita, the surviving children and the grandchildren might all share equally, giving the grandchildren a different total.
How Per Stirpes works in practice
When drafting a will or trust, say explicitly whether you want per stirpes or per capita, and understand how each affects grandchildren. Review the language after a child's death, because the birth of new grandchildren or the loss of a child changes the math. Ask your attorney to show you the distribution under both methods so the choice is informed.
Questions about Per Stirpes
Example of per stirpes?
If a child dies first, their children inherit that child’s share.
Is it the default?
Often, but a will can choose per capita instead.
Why use it?
To represent a deceased beneficiary through their children.