What is per stirpes?

Per stirpes is a Latin term meaning "by the branch" or "by the root." It describes how property and assets flow through an inheritance when a beneficiary named in a will or trust dies before the person whose estate is being distributed. Under per stirpes, that deceased beneficiary's share goes directly to their children or other lineal descendants, keeping the inheritance within that family branch.

This approach contrasts with per capita distribution, where the estate is divided equally among surviving beneficiaries at the same generation level, regardless of whether they had a parent who predeceased the estate owner. For example, if a parent leaves an estate to two adult children per stirpes, and one child dies before the parent does, that deceased child's share passes to their own children, not to the surviving sibling.

Per stirpes is commonly used in wills and revocable living trusts because it preserves family branch lineage and prevents assets from moving sideways to relatives a testator may not have intended to benefit. It is especially important in blended family situations or when an estate owner wants to ensure each child's line receives their designated portion.

North Carolina attorneys who draft wills and trusts regularly advise clients on whether per stirpes or per capita distribution aligns with their family goals. An estate planning attorney can explain how each method works and help you decide which fits your circumstances and wishes.