Per Stirpes vs. Per Capita in a Will: What’s the Difference?

Estate planning can be complex, especially when terms like "per stirpes" and "per capita" appear in discussions about wills. Understanding these terms is vital for ensuring your estate is distributed exactly how you want. Let's break them down in simple terms to help you create a plan that reflects your wishes.

What is a “Per Capita” Distribution in a Will?

A per capita distribution divides your assets equally among all living beneficiaries at the same generational level. This might apply to your children or grandchildren, depending on how your will is written.

Examples of "Per Capita" Distribution:

To My Descendants, Per Capita

If you choose to divide your estate "per capita" among your descendants, only living beneficiaries in the same generational tier will inherit. For example:

• You have three children. If they're all alive, each will receive an equal share of your estate, i.e. one third.
• If one child has passed away, leaving two grandchildren, the two surviving children and the two grandchildren will inherit an equal share.

To My Children, Per Capita

This option ensures the estate is divided equally among your surviving children. Here, grandchildren or other descendants are not included, even if one of your children has passed away.

This method ensures all beneficiaries receive an equal portion, but it doesn't account for heirs further down the family tree if someone in the current generation has passed.

What is a “Per Stirpes” Distribution in a Will?

On the other hand, per stirpes means "by branch" in Latin. This distribution method considers an individual's heirs in case they predecease you. If one of your children passes away, the deceased child's share is passed down to their children (your grandchildren), ensuring their branch of the family still inherits.

Example of "Per Stirpes" Distribution:

• You have three children. Each child is entitled to one-third of your estate, meaning they get an equal share and the estate is divided equally.
• If one child has passed away and left two children of their own (your grandchildren), that deceased child's share is equally divided between the two grandchildren (so one third of a share divided by two). Your other two children still receive their full one-third shares.

This option is commonly chosen to keep family lines intact and ensure equitable distribution among generations. The deceased beneficiary's share will be distributed to their surviving children.

Choosing Between Per Stirpes and Per Capita

Several factors can guide your decision:

• Generational Considerations: Do you want to include grandchildren or focus only on living descendants or children?
• Fairness: Which method feels more equitable given your family dynamic?
• State Laws: Some states default to per stirpes unless otherwise stated in your will.
• Clarity and Intent: Choose precise language to avoid misinterpretations during probate.

Legal Implications

Accurately defining "per stirpes" or "per capita" in your will is crucial to prevent family disputes or delays during probate. When crafting a will, clarity matters—especially when it comes to legal documents. Mistakes or misunderstandings in using per stirpes or per capita designations can complicate the probate process. Here are a few things to keep in mind:

• State Laws: Some states default to per stirpes distribution unless otherwise specified. Understanding your state’s legal requirements can help avoid surprises for your beneficiaries.
• Executor Responsibility: Ambiguities can place extra strain on the executor of your will, potentially leading to delays or disputes.
• Customized Wording: Explicitly outlining your wishes is critical. A trusted estate planning tool or advisor can help you craft language that leaves no room for interpretation.

Factors to Consider When Choosing

When deciding between per stirpes and per capita, you’ll want to evaluate the following factors:

1. Family Structure: Think about who you want to benefit from your estate. Are you focused on supporting just your surviving children, or do you want to include future generations?

2. Family Relationships: Consider whether certain family members may feel overlooked or excluded based on the distribution method you choose. Sometimes prioritizing descendants from the same generation, such as your children, might be exactly what you want.

3. Flexibility: Per stirpes tends to offer a more equitable solution for family branches, especially in cases of unforeseen circumstances.

4. Asset Size and Type: If your estate includes complex or large assets, consult a professional to determine the best approach for fair division.

How Alice, Our AI Estate Concierge, Can Help

Feeling overwhelmed? You don’t have to tackle this alone. Meet Alice, our AI-driven estate concierge at BetterEstate. Alice makes estate planning simple, fast, and stress-free.

✔︎ Understand Your Options: Alice explains per stirpes and per capita in plain language, providing clear examples tailored to your situation, helping you prepare your estate planning documents.

✔︎ Personalized Guidance: Work with Alice to create a distribution plan that reflects your legacy wishes. Whether you have one, two, or three children, want to prioritize the same generation, or have other needs, Alice helps you organize your estate planning documents with ease. 

✔︎ Legal Clarity: Create a lawyer-grade will that avoids ambiguity and ensures compliance with state laws and adherence to the distribution plan you want—all without the expensive lawyer fees.

✔︎ Updates Anytime: Life changes, and so can your plan. Update your will whenever needed, with Alice guiding you every step of the way. Even if you want to switch from per stirpes to per capita distribution or vice versa, Alice helps you tailor the plan to benefit your surviving descendants however you wish.

With Alice by your side, you can turn what seems like a complex process into a manageable task—leaving you with peace of mind.

Unlimited Free Estate Consultations

Understanding the difference between per stirpes and per capita distribution is key to ensuring your loved ones are cared for exactly as you intend. By making these decisions thoughtfully and with the right support, you’ll leave behind a legacy of clarity, love, and fairness.

Want to make sure your wishes are carried out seamlessly? Chat with Alice today!