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.
How this works in your state
The concept is national, but the forms, procedure names, thresholds, and filing practice vary by state. Open your state glossary and guides to see how per capita is handled where the estate is being settled.
Related terms
Full probate glossary
Browse every probate and estate settlement term.
Probate assessment
Not sure what applies to your situation? Answer a few questions to find your path.
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.