Per Stirpes
Also called: by representation, by the branch
Updated June 7, 2026
How per stirpes works
Imagine a parent leaves their estate equally to three children, per stirpes. One child has already died, leaving two children of their own (the grandchildren). Under per stirpes, the two surviving children each receive one-third, and the deceased child's one-third passes to their two children — one-sixth each. The share follows the branch, not the individual.
Per stirpes versus per capita
Per capita means each living person at the same generational level shares equally — with no "branching" to descendants of those who have already died. Per stirpes and per capita produce the same result only when all named beneficiaries are alive. When one has predeceased the testator, they differ, sometimes significantly. Which approach a will or trust uses is a choice worth discussing with an estate planning attorney.
Related terms
- Per Capita — Per capita is a Latin phrase meaning "by the head." When an inheritance is distributed per capita, each surviving person in the designated class receives an equal share. If a member of that class has already died, their share is divided equally among the remaining survivors rather than passing to their descendants.
- Beneficiary — A beneficiary is a person or organization designated to receive an asset or benefit from a will, trust, life insurance policy, retirement account, or other arrangement. Being named a beneficiary gives someone a legal right to receive that specific asset — often outside of probate — when the owner passes.
- Heir — An heir is a person who is legally entitled to inherit from an estate under state intestacy law — typically a spouse, child, parent, or other close relative. The term is often used more loosely to mean anyone who inherits, whether under a will or by law, but in its precise sense it refers only to those who would inherit if there were no will.
- Residuary Estate — The residuary estate is everything that remains in a deceased person's estate after all specific bequests have been made, debts and taxes have been paid, and costs of administration have been settled. The will's residuary clause names who receives this remainder — often the bulk of the estate.
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