Per Stirpes

From the Latin Latin: per (by) + stirpes (branch or line).

In one sentence

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

Plain English

Per stirpes (Latin for "by the branch") is a method of distributing an inheritance that follows family lines. If you leave your estate "per stirpes" to your children, and one child dies before you, that child's share goes to their own children (your grandchildren) as a group, rather than being divided equally among all your living children. Think of it as each branch of your family tree getting one share, and if a branch has a deceased member, that share passes down the branch rather than being redistributed to other branches.

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Example

Elena's will leaves her estate per stirpes to her three children. One child, David, dies before Elena. David's two children (Elena's grandchildren) split David's one-third share between them, each getting one-sixth. Elena's other two living children each still get one-third.

Used in a sentence

“The estate was distributed per stirpes, so each family branch received an equal share even though some branches had more members than others.”

Related terms

Per Capita

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

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.