Per Capita

From the Latin Latin: per (by) + capita (heads).

In one sentence

A way of dividing an inheritance equally among all living beneficiaries at the same level, regardless of family branches.

Plain English

Per capita (Latin for "by the head") is a method of distributing an inheritance that treats each person equally, counting heads rather than family branches. If you leave your estate per capita to your children, and one child dies before you, that child's share is divided equally among all your surviving children—not passed to the deceased child's own children. It's a simpler, more egalitarian approach: everyone at the same generation level gets an equal slice of the pie.

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Example

James's will leaves his estate per capita to his three children. One child, Patricia, dies before James. Patricia's share is divided equally between James's two surviving children, so each living child receives one-half of the estate. Patricia's own children receive nothing.

Used in a sentence

“Because the will specified per capita distribution, each of the four surviving grandchildren received an equal one-quarter share.”

Related terms

Per Stirpes

A way of dividing an inheritance by family branch, where each branch gets an equal share regardless of how many people are in it.

Issue

All direct descendants of a person, including children, grandchildren, and great-grandchildren.

Heir

A person legally entitled to inherit from someone who dies without a valid will, determined by state law.

Administrator

A person appointed by the court to manage an estate when there is no will.

Probate

The court process of validating a will and distributing a deceased person's estate.

Intestate Succession

The legal process of distributing a deceased person's property when they leave no valid will.

Elective Share

A surviving spouse's right to claim a portion of the deceased spouse's estate despite the will.

Power of Attorney

A legal document authorizing someone to act on your behalf in financial or medical decisions.

This page is a plain-English reference and is not legal advice. Laws vary by jurisdiction and change over time. For specific situations consult a licensed attorney.