Per Stirpes
Definition:
Per stirpes is a Latin term meaning “by branch.” It refers to a method of distributing a deceased person’s estate so that each branch of the family receives an equal share, even if one heir has died before the decedent. The deceased heir’s share passes to their descendants rather than being divided among surviving heirs.
Per Stirpes Information
In estate planning and inheritance law, “per stirpes” ensures that descendants inherit their deceased ancestor’s portion of an estate. For example, if a parent dies leaving three children and one child has already passed away, that deceased child’s share would go to their own children (the grandchildren of the decedent). This approach preserves fairness among family lines and ensures that the descendants of a deceased heir are not excluded from inheritance.
Florida Legal Definition
Under **Florida Statutes §732.104**, distribution *per stirpes* means that the descendants of a deceased heir take the same share that their parent would have received if living. Florida law uses a *strict per stirpes* system, meaning the estate is divided at the level of the decedent’s children, and any deceased child’s share passes down to their descendants in equal portions.
How It’s Used in Practice
Per stirpes language is commonly found in wills, trusts, and beneficiary designations. It clarifies how assets should be distributed if a beneficiary dies before the testator. For example, a will might state, “I leave my estate to my children, per stirpes,” ensuring that grandchildren inherit their parent’s share if that parent predeceases the testator. In Florida estate administration, per stirpes distribution is often applied by default when interpreting inheritance rights.
Key Takeaways
- Per stirpes means “by branch” and ensures descendants inherit their ancestor’s share.
- Used to distribute an estate fairly among family lines when an heir predeceases the decedent.
- Florida follows a strict per stirpes system under §732.104.
- Commonly appears in wills, trusts, and beneficiary designations.
- Ensures that grandchildren receive their parent’s portion of an inheritance.
Disclaimer: The information and opinions provided are for general educational, informational or entertainment purposes only and should not be construed as legal advice or a substitute for consultation with a qualified attorney. Any information that you read does not create an attorney–client relationship with Barnes Walker, Goethe, Perron, Shea & Johnson, PLLC, or any of its attorneys. Because laws, regulations, and court interpretations may change over time, the definitions and explanations provided here may not reflect the most current legal standards. The application of law varies depending on your particular facts and jurisdiction. For advice regarding your specific situation, please contact one of our Florida attorneys for personalized guidance.
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