Understanding Per Stirpes Distribution in Estate Planning

Comprehensive guide to per stirpes inheritance distribution - Learn how assets are distributed across generations and calculate potential inheritance scenarios.

What is Per Stirpes?

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

Per Stirpes Distribution Calculator

Interactive Family Tree Diagram

Per Stirpes vs Per Capita Distribution

Per Stirpes Distribution

    Per Capita Distribution

      Frequently Asked Questions

      What happens if all children predecease the testator?

      In a per stirpes distribution, if all children predecease the testator, the estate is divided equally among the branches of the family, with each deceased child's share being divided equally among their children (the testator's grandchildren).

      Can per stirpes distribution be changed?

      Yes, a testator can modify their will to change from per stirpes to another distribution method at any time while they are alive and mentally competent. This should be done through proper legal channels with appropriate documentation.

      How does per stirpes affect estate taxes?

      Per stirpes distribution itself doesn't affect estate taxes. The estate tax is calculated based on the total value of the estate before distribution. However, how the assets are distributed may affect individual beneficiaries' tax situations.