Per stirpes is a distribution method that passes a deceased beneficiary’s share down to that beneficiary’s descendants by family branch.
It is often used in wills, trusts, and beneficiary designations.
Why per stirpes matters
Per stirpes language affects who receives property when a named beneficiary dies before the person making the gift.
Without clear distribution language, families may dispute whether a share goes to surviving named beneficiaries, descendants of the deceased beneficiary, or someone else.
Where per stirpes appears
Per stirpes appears in wills, trusts, retirement account beneficiary forms, life insurance forms, probate disputes, and estate planning discussions.
The exact effect depends on the document language and state law.
How it differs from nearby terms
Per stirpes distributes by family branch. Other distribution methods may divide property equally among living beneficiaries at the same generation.
Intestate succession is the state default inheritance system, while per stirpes is often a chosen distribution instruction in a document.
Practical example
A will leaves property to three children per stirpes. If one child dies before the testator and leaves two children, that deceased child’s branch may receive that child’s share.
Related Terms
Quick check
Question: Does per stirpes usually distribute by family branch?
Answer: Yes. It carries a deceased beneficiary’s share down that beneficiary’s branch.