What Is Per Stirpes Distribution?
Per stirpes is a method of distributing an estate in which a deceased beneficiary's share passes down to that person's own descendants, keeping it within their family branch. The Latin phrase means "by the branch" (or "by the roots"). It contrasts with per capita ("by the head"), where surviving beneficiaries at a level simply share equally.
How Per Stirpes Works
Suppose a parent leaves an estate equally to three children, and one child has already died leaving two children (the grandchildren). Under a per stirpes distribution, the deceased child's one-third share does not disappear or get split among the surviving siblings — it drops down to that child's two children, who split the one-third (one-sixth each). The two surviving children still take their full one-third shares.
Why It Matters in Florida
- Per stirpes keeps inheritance flowing down family lines when a beneficiary predeceases
- Florida's intestacy statute distributes to descendants per stirpes by default
- A will or trust should state the chosen method clearly, since per stirpes and per capita can produce very different results
Related Terms
- Per Capita — The "by the head" alternative
- Beneficiary — Who receives a distribution
- Heir — Those who take under intestacy, per stirpes by default
Barnes Walker Estate Planning
Barnes Walker's estate planning attorneys draft Florida wills and trusts with clear per stirpes or per capita distribution schemes. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC