Per Stirpes

Probate & Legal

A distribution method where each family branch gets an equal share - if a beneficiary dies, their children inherit their portion.

Per stirpes (Latin for "by the branch") is a method of distributing assets in a will or trust. Each branch of the family tree receives an equal share of the estate. If a beneficiary has already passed away, that person's share flows down to their children.

Per Stirpes in Practice

Suppose you have three children and one has already passed away, leaving two grandchildren. Under per stirpes:

Child 1 receives one-third
Child 2 receives one-third
The two grandchildren (children of deceased Child 3) split one-third, each getting one-sixth

Per Stirpes vs. Per Capita

Under per capita distribution, each surviving beneficiary at the same level receives an equal share. Using the same example, per capita would divide the estate equally among all four. Each would receive one-fourth.

Per stirpes is more common because it preserves the family branch structure. Most Arizona trusts and wills use per stirpes as the default method.