Also known as: per stirpes · per stirpes distribution · by the branch · by representation
Written by attorneys · grounded in primary & secondary sources — see below
A method of distributing an intestate estate or class gift by representation that divides the property into equal shares at the first generation of descendants of the designated ancestor. Each share passes to a living member of that generation or, if a member has predeceased, drops by bloodline to that member's surviving descendants.
Pablo Perez dies intestate survived by no spouse but by three children. One child, Piper Patel, predeceases Pablo but leaves two children of her own. The estate is divided into three shares at Pablo's children. Piper's two children receive her one-third share by representation, while the two surviving children each receive one-third outright.
Priya Prasad dies intestate with no surviving spouse, descendants, or parents. Her father had predeceased her but left two children. The balance of the estate is divided into shares at the level of Priya's deceased parents and passes by representation to those surviving descendants of her father.
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The per stirpes approach always divides the estate into shares at the first generation of descendants regardless of whether anyone in that generation survives. Each living member of the first generation receives one share. The share of any deceased member who left surviving descendants drops by bloodline to those descendants.
Supporting sources
No. Under the per stirpes approach the dropping shares remain within the bloodline of the predeceased ancestor and are not pooled with shares from other branches.
Supporting sources
The per stirpes approach applies to distributions to issue of collateral relatives in the same manner as it applies to distributions to the decedent's own descendants, dividing at the first generation of the relevant collateral line.
Supporting sources
Per stirpes divides at the first generation even if no one in that generation survives. Per capita at each generation divides only among the nearest generation that has living members and pools any dropping shares at that level.
Supporting sources
…of trust income and principal (after the death of the testator and his wife) points to equal treatment of the testator’s issue per stirpes, there is a sufficient contrary intent shown to overcome the rule of construction that the class gift of income to grandchildren is given to them as joint tenants with the right of…