Per stirpes ensures descendants inherit an equal share of an estate, even if an heir predeceases. Per capita divides estate equally only among living heirs, excluding descendants of deceased heirs.

Per stirpes is a legal term used in the law governing inheritance and estate. It is a designation that decrees how the assets of a testator (person making the will) will be distributed when a ...

The new system is known both as "representation," and "per capita at each generation," and is taken from the Uniform Probate Code. It has two basic principles, which are illustrated by the examples ...