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Law Office of James D. Lynch, PLLC

3000 Joe Dimaggio Blvd #90, Round Rock, TX 78665

info@jimlynchlaw.com

(512) 745-6347

(714) 745-3875

©2020 by Law Office of James D. Lynch, PLLC. The information contained in this website is for informational purposes and is not to be considered legal advice.  Any correspondence between you and the Law Office of James D. Lynch is not intended to create an attorney-client relationship.  Please do not send confidential information to us until after an attorney-client relationship has been established by an engagement letter signed by the proposed client and our attorney.

  • James D. Lynch

Per Stirpes vs. Per Capita

Per stirpes and per capita are common terms in wills and trusts to describe how a deceased person's estate is to be distributed.


Under the per stirpes distribution method, if a beneficiary predeceases the decedent, that beneficiary’s descendants will take the share of the estate to which their parent would have been entitled.


For example, assume the decedent (whom we will call X) has 3 children (A, B, and C), all of whom receive 1/3 of X's estate. But if A predeceases X and A had two children (D and E), B and C will receive 1/3 while D and E will equally share the other 1/3 (i.e. D & E each receive 1/6).


Under the per capita distribution method, if a beneficiary predeceases the decedent, that beneficiary’s share would pass to the other beneficiaries (NOT to the descendants).


For example, assume again X's 3 children (A, B, and C) are each entitled to receive 1/3. But if A predeceases X , B and C will receive 1/2. A's children (D and E) will receive nothing.


If you have questions about your will or your will is in need of an update, please contact us and speak to one of our professionals.