Per stirpes, Latin for "by branch" or "by roots," is a legal term used in inheritance law that describes how assets are distributed when a beneficiary predeceases the testator (the person who made the will). Under per stirpes distribution, if a beneficiary dies before the testator, that beneficiary's share passes down to their descendants in equal portions.
Key Characteristics of Per Stirpes Distribution:
Generational Transfer
Assets flow down through generations, maintaining the original intended share proportions
Equal Division
Each branch of the family receives an equal share of the inheritance
Representation Right
Children of deceased beneficiaries represent their parent's share