Derived from Latin "per stirpes" meaning "by roots" or "by branch," this is a method of distributing an estate where deceased beneficiaries' descendants take their ancestor's share. The estate divides into shares at the first generational level, with each deceased person's descendants splitting that branch's portion equally.
Distribution "by stirpes" means dividing an estate by family branches. If a will leaves everything to three children "per stirpes" and one child predeceases, that deceased child's children (the grandchildren) split their parent's one-third share. Each branch gets an equal portion.
⏱ When you'll encounter this term
- Reading wills with phrases like "to my issue per stirpes"
- Distributing estates where some children predeceased
- Deciding how to structure beneficiary designations
- Understanding unequal per-capita distributions
"Grandma's will left her estate to her three children per stirpes. My dad died before Grandma. Under per stirpes distribution, the estate divided into three shares: my two aunts each got one-third, and my sister and I split Dad's one-third share, receiving one-sixth each."
⚖️ Compare: Per Stirpes vs Per Capita
By family branch. Each family line gets equal share. Grandchildren split their parent's portion.
By individual head count. All living recipients at generation level share equally regardless of family branch.
💡 Did you know?
Per stirpes is the default distribution method in most wills when not specified otherwise. If a will says "to my children" and one child is deceased with children of their own, most jurisdictions presume per stirpes distribution to the grandchildren.