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Per Capita

Dividing an inheritance by head, so everyone at the same level takes an equal share.

What Per Capita means in an estate

In a per capita distribution, the property is split equally among the people who actually survive at a given level, rather than being traced down through a deceased relative's branch of the family. Statutes and drafters use several variants of the phrase that produce genuinely different results, and which variant a state uses as its intestate default varies by state. Because the labels are used inconsistently, a will or trust should spell out the result it wants rather than lean on the phrase alone.

Information current as of April 4, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in your state can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.