Per Stirpes

In estate planning, per stirpes is a method of distributing an estate that ensures a deceased beneficiary’s share passes to their descendants, rather than being equally redistributed among the surviving beneficiaries. The term “per stirpes” comes from Latin, meaning “by branch,” and emphasizes inheritance by familial lineage rather than individual recipients.

Under a per stirpes distribution, an estate is divided into equal shares at the generational level closest to the decedent. If a beneficiary in that generation predeceases the decedent, their share is distributed equally among their descendants. For example, if a person leaves their estate to their three children per stirpes and one child has predeceased them, the deceased child’s share would be divided equally among the predeceased child’s children (the decedent’s grandchildren). When a predeceased child has no descendants, their “branch” of the family receives nothing and their share would be redistributed among the surviving siblings.

This method is commonly used to preserve the intent of keeping wealth within family lines, ensuring that descendants of a deceased beneficiary are not excluded from inheriting. Per stirpes contrasts with per capita distribution, which divides the estate equally among all living members of a specified group, without regard for lineage.