Per Stirpes
What Is Per Stirpes?
Per stirpes is a legal method of distributing an estate among descendants when a beneficiary dies before the person who created the will. Under per stirpes distribution, the deceased beneficiary’s share passes to their descendants rather than being redistributed among surviving beneficiaries.
The phrase originates from Latin and means “by branch.”
Why It Matters
Per stirpes distribution helps ensure that each branch of a family receives its intended share of an estate. This method preserves generational inheritance and prevents unintended distribution outcomes.
Estate planners often include per stirpes instructions to maintain fairness among descendants.
How Per Stirpes Works
In a per stirpes distribution, the estate is divided into equal shares among the testator’s children.
If one child dies before the testator, that child’s portion is distributed among their children instead.
This structure preserves the intended inheritance line.
Example
A parent has three children. One child dies before the parent but has two children. Under per stirpes distribution, the deceased child’s share is divided equally between those grandchildren.
Per Stirpes vs Per Capita
- Per stirpes distributes inheritance by family branch.
- Per capita distributes inheritance equally among all surviving heirs in the same generation.
FAQs About Per Stirpes
Why is per stirpes used in wills?
It ensures inheritance passes down a family line if a beneficiary dies.
Does per stirpes apply automatically?
Not always. It must typically be specified in a will.
Is per stirpes common in estate planning?
Yes. It is a widely used method of inheritance distribution.
Related Terms
