Per Stirpes
Literal meaning: “By the roots or by the branch”
What does the Latin term "Per Stirpes" mean in law?
Per stirpes is a method of distributing a decedent's estate in which each branch of the family receives an equal share, and if a member of a generation predeceases the decedent, that person's share passes down to their own descendants rather than being redistributed among the surviving members of the same generation. Under this approach, each line of descent is treated as a unit, and representation ensures that the descendants of a predeceased beneficiary step into that beneficiary's shoes. Per stirpes is the default rule in many intestacy statutes and is frequently specified in wills and trusts. It preserves the decedent's presumed intent to benefit all family lines equally regardless of whether a particular beneficiary survives.
Source: Property · Legal Latin
Legal Definition
Per stirpes is a method of distributing a decedent's estate in which each branch of the family receives an equal share, and if a member of a generation predeceases the decedent, that person's share passes down to their own descendants rather than being redistributed among the surviving members of the same generation. Under this approach, each line of descent is treated as a unit, and representation ensures that the descendants of a predeceased beneficiary step into that beneficiary's shoes. Per stirpes is the default rule in many intestacy statutes and is frequently specified in wills and trusts. It preserves the decedent's presumed intent to benefit all family lines equally regardless of whether a particular beneficiary survives.
How It's Used
Per stirpes is one of the most commonly used terms in estate planning and probate practice, appearing in virtually every will and trust that contemplates multi-generational distribution. Attorneys must explain the practical difference between per stirpes and per capita distribution to clients, as the choice can have significant financial consequences for beneficiaries.
Example Sentences
The trust provided that upon the grantor's death, the assets would pass to her three children per stirpes, so when one child predeceased her, that child's two children each received half of the deceased parent's one-third share.
The court applied per stirpes distribution under the intestacy statute because the decedent died without a will, passing the deceased sibling's share to that sibling's children.
The estate planning attorney recommended a per stirpes designation to ensure that if any of the testator's children predeceased him, their share would flow to their own children rather than to the surviving siblings.