A method of distributing an estate where property is divided by family branch ("by roots"), with each branch receiving an equal share then subdivided among branch members. If a beneficiary has predeceased, their share passes to their descendants rather than being reallocated to other branches. Ensures each of the testator's children's families receives an equal portion regardless of how many descendants each has.
Per stirpes (Latin for "by roots/branch") divides inheritance by family branches, ensuring each of your children's families gets an equal share. If your will says "to my children, per stirpes," the estate divides equally among your children. If a child has died, their share goes to their children (your grandchildren). Keeps inheritance within family branches, treating each child's family equally regardless of how many grandchildren each branch has.
⏱ When you'll encounter this term
- Standard will provisions distributing to children/descendants
- Intestacy rules (often the default method)
- Ensuring grandchildren inherit if parent predeceases
- Trust distribution provisions
- Choosing between per stirpes and per capita
"Mom's will left her estate to her three children, per stirpes. When she died, my sister had already passed away, leaving two kids. The estate divided into three equal branches: I got 1/3, my brother got 1/3, and my late sister's two children split the final 1/3 (1/6 each)."
💡 Did you know?
Per stirpes is usually the default distribution method in intestacy laws and what most people intuitively expect. It treats each of your children's families equally—if one child is dead, their children step into their shoes and receive what their parent would have received, keeping the inheritance within that family branch.