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Per Stirpes: A Comprehensive Guide to Inheritance by Representation
Definition & Meaning
Per stirpes is a legal term that means "by roots" or "by representation." It is commonly used in the context of wills and trusts to outline how an estate should be distributed when a beneficiary has passed away before the estate owner. Under a per stirpes distribution, the children of the deceased beneficiary inherit the share their parent would have received if they had been alive. This method ensures that the descendants receive their rightful portion of the estate, reflecting the wishes of the deceased.
Table of content
Legal Use & context
Per stirpes is primarily used in estate planning and probate law. It is relevant in situations involving wills, trusts, and intestate succession (when someone dies without a will). This term helps clarify the distribution of assets among beneficiaries, particularly when some beneficiaries may not survive the estate owner. Users can manage their estate planning with legal forms that include per stirpes provisions, often available through resources like US Legal Forms.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: If a will states that an estate is to be divided between two siblings, A and B, per stirpes, and A passes away before the estate owner, then A's share will go to A's children, while B retains their share.
Example 2: In a family where a parent has three children and one child dies before the parent, the deceased child's share will be divided among their children (the grandchildren of the estate owner) if the will specifies per stirpes distribution.
State-by-state differences
State
Per Stirpes Application
California
Per stirpes is commonly applied in wills and trusts, ensuring that descendants inherit their parent's share.
New York
New York law recognizes per stirpes distribution in intestate succession, allowing descendants to inherit their parent's share.
Texas
Texas law supports per stirpes distribution, but specific wording in wills is crucial to enforce this method.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Difference
Per capita
Distributes assets equally among surviving beneficiaries.
Unlike per stirpes, which allows descendants to inherit their parent's share, per capita divides the estate equally among all surviving beneficiaries.
Intestate succession
The process of distributing an estate when someone dies without a will.
Per stirpes is a method of distribution that can apply within intestate succession, specifying how descendants inherit.
Common misunderstandings
What to do if this term applies to you
If you are creating a will or trust and want to ensure your assets are distributed per stirpes, consider using legal forms that include this provision. It's advisable to consult with a legal professional to ensure your intentions are clearly expressed and legally enforceable. For straightforward situations, users can explore US Legal Forms for templates that facilitate this process.
Find the legal form that fits your case
Browse our library of 85,000+ state-specific legal templates.
Varies by state law, so local consultation is recommended.
Can be specified in legal documents to avoid confusion.
Key takeaways
Frequently asked questions
Per stirpes is a legal term that refers to the method of distributing an estate by allowing descendants to inherit their parent's share.
Per stirpes distributes assets based on the deceased beneficiary's share, while per capita divides the estate equally among all surviving beneficiaries.
Yes, per stirpes can be specified in both wills and trusts to clarify how assets should be distributed among beneficiaries.