Per Stirpes
Per Stirpes is a legal term used in estate planning and inheritance law. It refers to a method of distributing an estate among heirs in which each branch of the family receives an equal Share, regardless of how many heirs are in that branch. If a Beneficiary predeceases the decedent, that Beneficiary’s Share is divided equally among their children.
Example: If a person dies leaving three children—Alice, Bob, and Carol—and Alice has two children (David and Emily), Bob has one child (Frank), and Carol has no children, the estate would be divided as follows:
- Alice’s branch (David and Emily) would Share one-third of the estate, with each receiving 1/6.
- Bob’s branch (Frank) would receive one-third of the estate.
- Carol would receive one-third of the estate.
Case: In the case of In re Estate of John Doe, the court ruled that the decedent’s estate should be distributed per stirpes after one of the primary beneficiaries passed away before the decedent, ensuring that the deceased Beneficiary’s children inherited their parent’s Share.