When used in connection with the distribution of property to a deceased person’s descendants, per capita means the estate is to be divided evenly among a group of people. In connection with the allocation of a deceased author’s termination interest, per capita means that the termination right is to be shared equally among the designated group of people.
Example of per capita distribution: A has two children, B and C. B dies leaving two children. C dies leaving three children. Then A dies leaving the estate to the grandchildren. Under a per capita distribution, each of the grandchildren receive and equal share of A’s estate.
