Also known as:equal distribution · equality in distribution · equal shares · pro rata distribution
Written by attorneys · grounded in primary & secondary sources — see below
A policy requiring that assets or property be divided into equal shares among entitled recipients.
Sources & Authorities· 8 primary sources
Select any source to read its text and confirm it supports the definition.
Uniform Acts
Restatements
How it applies
Common Examples
6
Descendant Shares Under Representation
Emanuel Escobar's will directs distribution of his estate by representation to his descendants at the distribution date. He is survived by two children and one deceased child who left two surviving grandchildren. The estate is divided into three equal shares with one share going to each surviving child and the remaining share divided between the two grandchildren.
Interim Partnership Cash Distribution
Elemental Pharmaceuticals, a general partnership, realizes a profit from a licensing deal and decides to make an interim cash distribution before dissolution. The three partners have made no contrary agreement and no charging orders exist. The distribution must be divided into three equal shares payable to each partner.
Put it into practice
Test Yourself
10
Practice Questions5
Study Supplements
Per Stirpes Division Among Children
Esme Ellington's will calls for per stirpes distribution of her residuary estate to her children. She is survived by one child and one deceased child who left two surviving descendants. The estate is divided into two equal shares with one share allocated to the surviving child and the other share divided between the two descendants of the deceased child.
Intestate Shares to Parents
Eric Espinoza dies intestate survived by no descendants but by two parents, one of whom is deceased and left surviving descendants. The intestate estate is divided into two equal shares with one share allocated to the surviving parent and the other share allocated to the descendants of the deceased parent.
Representation Among Descendants
Ella Emerson dies intestate survived by descendants. The nearest generation to her that contains surviving descendants includes two living grandchildren and one deceased grandchild who left two surviving great-grandchildren. The estate is divided into three equal shares with one share allocated to each surviving grandchild and the remaining share divided between the two great-grandchildren.
Multiple-Party Account on Death
Emma Erickson and her non-spouse co-owner maintained a multiple-party account. Upon Emma's death the two surviving parties are entitled to the sums on deposit. The amount to which Emma was beneficially entitled immediately before death belongs to the two surviving parties in equal shares.
Common questions
Frequently Asked
2
Does a partnership agreement override the equal-shares default for interim distributions?+
Yes. The statute supplies equal shares only in the absence of a contrary agreement among the partners or an effective transfer or charging order.
When a will uses per stirpes language, how are shares initially divided?+
The property is divided into as many equal shares as there are surviving children of the designated ancestor plus deceased children who left surviving descendants.
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