“Per stirpes” is Latin for “by roots” or “by branch.” In real estate and estate planning, it traces inheritances down family lines so each branch of the family receives its allocated share even if an heir dies before the grantor.
In simple terms, per stirpes divides property into equal family branches. If a named beneficiary predeceases the property owner, that beneficiary’s share passes to his or her descendants rather than reverting to surviving siblings or friends.
Imagine a grantor with three children: Alice, Bob and Carol. Bob dies before the grantor but leaves two children (David and Emma). Under per stirpes:
| Heir | Share |
|---|---|
| Alice | 1/3 |
| Carol | 1/3 |
| Bob’s children (David, Emma) | Each 1/6 |
Per capita divides assets equally among all surviving heirs at the same generational level. Unlike per stirpes, it does not preserve equal branches if some heirs predecease the testator.
“By representation” and the less common “by stripes” are synonyms for per stirpes, reflecting the same branch-based inheritance logic.
Several states (e.g., California, New York) default to per stirpes in wills and trusts absent contrary language.
Other jurisdictions (e.g., Texas, Florida) may require a clear per stirpes provision to apply that method in real estate deeds or trusts.
Consult your state’s probate statutes or use online resources at your state legislature’s website to verify default inheritance rules.
“I devise my real property to my children, per stirpes, such that if any child predeceases me, that child’s issue shall take their parent’s share by right of representation.”
Define “descendants,” “issue,” and “issue of issue” precisely to cover biological and legally adopted children.
Mr. Smith leaves his lakeside property per stirpes to his three children. Child #2 dies before him, leaving two children. When Mr. Smith passes, Child #1 and Child #3 each get one-third, and Child #2’s two children split the remaining third.
This scenario highlights how per stirpes maintains intended shares across generations and reduces family disputes by following the testator’s branch-based plan.
Only if your will or deed specifies per stirpes. Otherwise, state default rules or per capita may apply.
Per stirpes typically governs wills and trusts. For real estate ownership forms like joint tenancy, survivorship rules override per stirpes unless you transfer via a will or trust.
If all members of one branch die before the testator with no descendants, that branch’s share is redistributed equally among surviving branches.
Per stirpes can simplify probate by pre-allocating shares but doesn’t directly affect federal estate tax. Consult an attorney for state-level tax planning.
Online forms may not address state-specific nuances or unique family situations. Professional guidance helps avoid costly errors.
Vague clauses invite litigation. Clear definitions of “issue” and generational levels are essential.
Some states treat half-blood relatives or adopted children differently unless you explicitly include them.
An attorney ensures your per stirpes clause conforms to state law and your unique family structure, minimizing future disputes.
Per stirpes preserves your intent by dividing assets by family branch, offering fairness across generations.
Review your will or trust with updated per stirpes language, confirm definitions, and account for adopted or posthumous descendants.
Check your state’s probate code for default rules and download sample per stirpes clauses from reputable estate-planning websites.
