Per Stirpes

Per stirpes means “per branch.” The phrase is often used in wills and other estate records to indicate how property is to be divided if some beneficiaries pre-decease the original writer of the will or owner of the property.

A relative has three children and in their will gives their estate to their children or to their children’s descendants per stirpes.

Let’s say the relative, named A has three children, B, C, and D. B has two children, C has three children, and D has four children. A dies and B, C, and D have already passed. All the grandchildren of A are living when they die.

B, C, and D, had they been living, would have each received 1/3 of A’s estate. That’s how much each group of their children will split. Each of B’s two children will get 1/2 of B’s 1/3 share of A’s estate, meaning they get 1/6 each of A’s estate. Each of C’s three children will get 1/3 of C’s 1/3 share of A’s estate, meaning they get 1/9 each of A’s estate. Each of D’s four children will get 1/4 of D’s 1/3 of A’s estate meaning they will get 1/12 each of A’s estate.

Per stirpes as a way of splitting an estate is also often used to craft estate ownership when an individual dies with no valid will and the property is inherited by their heirs according to the appropriate state statute.