What is per stirpes?

There are two important concepts to know when dealing with intestate succession: per capita and per stirpes. "Per Capita" is Latin for "by heads," and "Per Stirpes" is Latin for "by branch." These are helpful to keep in mind as we dive into how each works.

Before we begin, let's set up a fact pattern we can reuse for each situation: Bob has 3 children (C1, C2, and C3). C1 has 2 children, and C2 has 1 child. The day before Bob dies, C1 and C2 are killed in a car accident.

Under per capita distribution, the amount each generation receives will vary based on how many living heads (people) are in their same generation. Here, at the starting generation, you have 1 out of 3 children living, so C3 gets 1/3 of the estate. This leaves 2/3 of the estate. How do we divide this? Well, we go to the next generation and count heads. There are 3 living grand children. This means we take the remaining estate (2/3) and divide it by 3, so each grandchild gets an equal share of 2/9.

In contrast, under per stirpes distribution, the amount each generation receives is based on how many starting branches there were, with each successive branch only sharing what the branch above it received. Here, C3 would receive their 1/3 of Bob's estate. C1's would have received 1/3 as well, but since they are dead, their 1/3 passes to their 2 children who split it equally between them. Similarly, C2's 1/3 passes to their single child.

So what's the result? Under per capita distribution, C3 gets 1/3, and each grand child gets 2/9. Under per stirpes distribution, C3 gets 1/3, C2's child gets 1/3, and each of C1's children get 1/6.

If this seems difficult, have no fear, slide over to the visuals for an illustration.