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Per Stirpes vs. Per Capita

Per Stirpes vs. Per Capita: What’s The Difference?

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Estate planning is a critical step in securing your family’s future and protecting your legacy. However, it’s also an area full of legal jargon and concepts that may seem overwhelming. Two common but often misunderstood phrases in estate planning are “per stirpes” and “per capita”. These terms are not just legal mumbo jumbo—they dictate how your assets are distributed among your loved ones after you’re gone.

At Gieg & Jancula, an estate planning law firm based in Altoona, PA, we specialize in guiding families through complex legal concepts with clarity and compassion. Our goal is to help you make informed decisions that align with your wishes and protect your loved ones.

By the end of this blog, you’ll have a clear understanding of the difference between per stirpes and per capita, their implications for your estate, and how to choose the right approach for your family.

Understanding the Basics of Per Stirpes vs Per Capita

Before we make any comparisons, it’s important to define these terms properly.

What Does Per Stirpes Mean?

“Per stirpes,” derived from Latin, means “by branch.” Think of it as dividing your estate along family lines or “branches” of a family tree. This distribution method ensures that if one of your primary heirs (like a child) predeceases you, their share will automatically pass to their descendants (your grandchildren).

For example:

  • Suppose you’re a parent with three children—Alex, Beth, and Charlie.
  • If all three children are alive at the time of your passing, your estate is divided equally among them.
  • However, if Alex has passed away but has two children (your grandchildren), Alex’s one-third share would be distributed equally between his two children.

The branch of the deceased heir still receives their portion of the estate. This method often ensures that descendants of a predeceased heir are not inadvertently disinherited.

What Does Per Capita Mean?

“Per capita” translates to “by head” or “per person.” Unlike per stirpes, this method doesn’t follow family branches. Instead, the estate is divided evenly among living heirs at the same generational level.

To use a similar example:

  • You have three children—Alex, Beth, and Charlie.
  • If Alex has passed away but also has two children, then under per capita distribution, the estate will be divided equally among all living heirs. That means Beth, Charlie, and Alex’s two children (your grandchildren) would each receive an equal share—one-fourth instead of a larger sum going solely to Alex’s children.

The headcount of living heirs determines the division.

Key Differences Between Per Stirpes vs Per Capita

The core difference between per stirpes and per capita lies in how your estate is distributed when one or more primary heirs aren’t alive. Here’s a closer comparison to help visualize their distinctions:

AspectPer StirpesPer Capita
Translation“By branch”“By head”
Distribution StyleDivides estate by family linesDivides equally among all living descendants
Treatment of DescendantsDescendants of a deceased heir inherit their shareDescendants do not inherit separately; all receive equal shares
Typical Use CasePreserving family lineage or branchesEnsuring equal distribution among living heirs

Understanding these differences thoroughly can help you determine which approach best aligns with your family structure and your vision for your estate.

Examples Highlighting the Differences

Consider the following scenarios to see how these two distribution types can impact your family:

Scenario 1: You Have 3 Children and One Has Deceased

Imagine you have Alex, Beth, and Charlie as your children. Alex predeceased you, leaving behind two children of his own (your grandchildren).

  • Under per stirpes, Alex’s one-third share would pass to his two children, who would each receive one-sixth of your estate. Beth and Charlie each get their original one-third shares.
  • Under per capita, your estate would be divided equally among all living heirs—Beth, Charlie, and Alex’s two children—each receiving one-fourth of your estate.

Scenario 2: Multi-Generational Family With Unequal Branches

Suppose you have two children, Beth and Charlie. Beth has three children, while Charlie has only one. If both Beth and Charlie predecease you:

  • Under per stirpes, Beth’s share is divided equally among her three children, and Charlie’s share goes entirely to his one child. Each “branch” of your family gets its fair share.
  • Under per capita, your estate is simply divided equally among Beth’s and Charlie’s grandchildren (your living descendants), ignoring the original branches of the family.

Advantages of Per Stirpes vs Per Capita

Each approach offers unique advantages depending on your priorities:

Advantages of Per Stirpes

  • Preserves Family Lines: Descendants of a deceased heir will inherit what their parent would have received, ensuring no branch is left out.
  • Fairness Across Generations: It accounts for the descendants in every branch of your family tree.

Advantages of Per Capita

  • Equal Distribution: Ensures fairness among all living descendants, treating each individual equally regardless of their specific branch.
  • Adaptable to Modern Families: Best suited for families with more equitable financial dynamics or less emphasis on lineage preservation.

Which Method Should You Choose?

The decision between per stirpes and per capita depends on your values, family dynamics, and goals for your estate.

Choose Per Stirpes If:

  • You want to ensure that your grandchildren (or other descendants) inherit their parent’s share if their parent predeceases you.
  • Preserving “branches” of your family tree is important to your legacy.

Choose Per Capita If:

  • You prefer an equitable approach where all living heirs receive equal shares, regardless of which branch they came from.
  • You want simplicity in equalizing shares among your surviving family members.

Every family is unique, and there’s no “one-size-fits-all” solution. What’s right for one family may not align with another’s priorities.

How Gieg & Jancula Can Help

Navigating estate planning is rarely straightforward, but it doesn’t have to be overwhelming. At Gieg & Jancula, we specialize in helping families in Altoona, PA, and beyond create wills and trusts that reflect their wishes and provide peace of mind.

Our team takes the time to:

  • Understand your family dynamics and estate goals.
  • Explain complex legal concepts (like per stirpes and per capita) in simple, relatable terms.
  • Draft and implement your estate plan with careful attention to detail.

We know that estate planning is about more than numbers—it’s about your legacy, your values, and the loved ones you leave behind. That’s why we’re committed to offering empathetic, trustworthy guidance every step of the way.

Contact Our Estate Planning Attorneys Today

Are you ready to protect your family and secure your legacy? Don’t leave the future of your estate to chance or confusion. Schedule a consultation with Gieg & Jancula today.

Our experienced attorneys are here to help you understand your options and make decisions that truly reflect your wishes. Contact us at 814-946-1606 or schedule your consultation online.

Your estate plan deserves the care and attention of a team who understands how important it is to you and your loved ones. Let’s work together to ensure your vision is preserved for generations to come.