per stirpes

Per stirpes

A method for distributing the assets of an individual who dies without a valid will. The Latin means for each descendant.

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Per Stirpes

In wills and some retirement accounts, a provision stating that, should a beneficiary die before the testator or account holder, the assets designated for that beneficiary shall pass to his/her heirs. Most often, this provision is not used for a single asset, but rather as a means of dividing a whole estate. For example, if a testator dies leaving an estate to children Frank, Bob, and Joan, and Joan is already dead, an estate per stirpes would divide evenly among Frank and Bob, who each receive one-third, and any of Joan's living children, who collectively receive one-third.

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Per stirpes. Per stirpes is the legal term for transferring the assets of your estate to your children and their descendants.

With a per stirpes distribution, each of your children who is named as a beneficiary is entitled to an equal share. If one of your children is no longer alive, that person's children or children's children divide his or her share.

For example, if you had two children each of whom had two children and one of your children died before you did, under a per stirpes bequest, your surviving child would receive 50% of your estate and the children of your deceased child would each receive 25%.

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per stirpes

A method of distributing an estate when one of the beneficiaries dies before the testator.The predeceased beneficiary's share is divided equally among that person's own heirs.

Example: Beth leaves $900,000 to her heirs, per stirpes. She has three children, but two of them die before her. Each child would have received $300,000 if alive. For the children who died first, each one's $300,000 share will be split equally among their own children. Grandchild John receives nothing, because his mother was still alive to receive her gift. Contrast with per capita, in which all members of a generational class take equal shares.