DefineLaw

What is per stirpes?

Per stirpes divides an estate by branches of the family so a deceased heir’s children step in.

Why it matters

It keeps a share in the family line if a child predeceases you.

Common confusion

Per stirpes follows family branches; per capita splits among living individuals.

DefineLaw editors — plain-English definitions for general reference; not a substitute for advice from a licensed attorney.

Frequently Asked Questions

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.

Related estate terms