Per Stirpes
Dividing an inheritance by branch, so a deceased beneficiary's share drops down to their children.
What Per Stirpes means in an estate
If a beneficiary dies before the person who made the will, a per stirpes distribution sends that beneficiary's share down to their own descendants instead of spreading it among the surviving beneficiaries. States and drafters disagree about where the division starts ('strict' per stirpes versus the more modern approach), which can change who ends up with what, and the default rule for intestate estates varies by state.
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 stirpes is handled where the estate is being settled.
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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.