What Does Per Stirpes Or Per Capita Mean

Understanding inheritance can sometimes feel like deciphering a secret code. Two key phrases that frequently appear in wills and estate plans are “per stirpes” and “per capita.” Learning what does per stirpes or per capita mean is crucial for ensuring your assets are distributed exactly as you intend and for understanding how your own inheritance might be handled. These terms dictate the fundamental way in which property is divided among beneficiaries.

Understanding the Core Concepts of Inheritance Division

At its heart, the distinction between per stirpes and per capita lies in how a deceased person’s share of an inheritance is distributed when that person has already passed away before the original owner of the estate. Think of it as a family tree. Per stirpes translates from Latin to “by roots,” meaning the inheritance follows the bloodline. If a child of the deceased is no longer alive, their children (the grandchildren of the original owner) will inherit that child’s portion.

Per capita, on the other hand, means “by head.” In this scenario, the inheritance is divided equally among all living beneficiaries at a particular generation. This means if one of the original owner’s children has passed away, their children would not automatically receive their parent’s share. Instead, the surviving children would split that portion, making the distribution more direct among those who are still alive and are beneficiaries of the same level.

Here’s a simple breakdown of the differences:

• Per Stirpes

  1. The inheritance goes down the family line.
  2. If a direct descendant is deceased, their share is passed to their children.
  3. This ensures that all branches of the family are represented.

• Per Capita

  The inheritance is divided equally among all living beneficiaries at the same level.

  Scenario	Per Stirpes Distribution	Per Capita Distribution
  Original Owner has 3 children: A, B, and C. Child A has 2 children. Child B has 1 child. Child C is alive and has no children.	A’s children split A’s share. B’s child receives B’s entire share. C receives C’s entire share.	The inheritance is divided into 3 equal parts for A, B, and C. If A and B are deceased, their shares are divided among the surviving beneficiaries at that generation (if any), or their children inherit if per stirpes is chosen. If it’s per capita and C is the only surviving child, C would get everything if the will stated “per capita to my children.” If it’s “per capita to my descendants,” then C and A’s and B’s children would split it.

Understanding which method is applied is incredibly important for managing expectations and for accurately planning your own estate.

To gain a deeper understanding of these inheritance concepts and how they apply to your specific situation, we highly recommend referring to the comprehensive resources and guidance available in the next section.