how per stirpes works
per stirpes refers to every person descending down a branch of a family tree from another person for example everyone below a parent such as their children grandchildren and great grandchildren is included in a branch per stirpes often appear in wills and retirement accounts to define asset distributions so that each branch of a family tree is treated according to the testator s or account owner s wishes therefore if a beneficiary dies before the person whose will names them does the heirs of that beneficiary would receive the inheritance in an even split this means that children of the beneficiary not spouses are included in a per stirpes distribution per stirpes vs per capitaper capita means by the heads also called share and share alike the term designates that property is divided equally among surviving descendants in the same generation nearest the testator the estate holder names each recipient individually or determines which group receives the assets such as all the estate holder s children or grandchildren or both a deceased beneficiary s share is not set aside but is mingled with the estate and divided among the other beneficiaries for example alejandra has specified that her estate be divided per capita among her three children abigail stephanie and oliver abigail has one child river oliver has two children hanaj and anil if abigail dies her portion of the inheritance would remain with alejandra s other assets and be divided equally among the two remaining children stephanie and oliver river does not inherit anything nor do hanaj and anil if you die without a will your estate goes to your heirs according to the laws of the state where you live per stirpes examplenow consider the same example but this time alejandra s will specifies that her estate be divided per stirpes among her three descendants her children abigail stephanie and oliver again abigail has one child river oliver has two children hanaj and anil if abigail dies her portion of the inheritance would go to river the next person on abigail s branch of the family tree hanaj and anil would not inherit anything criticism of per stirpescreating a will is one of the most important processes a person can go through unfortunately it can also be one of the most stressful and confusing occasionally the use of outdated terms such as per stirpes can create more confusion especially when the term isn t used properly for example some lawyers have allowed their clients to use the phrase to my children per stirpes while this may sound straightforward it is technically incorrect instead the will should read to my descendants per stirpes furthermore different jurisdictions have slightly different definitions of the term this is why it s critical for every lawyer to take the time to ensure that their client doesn t have any incorrect preconceived notions about the meaning of per stirpes 