When used in connection with the distribution of property to a deceased person’s descendants, per stirpes means that members of a related group of people, usually but not necessarily members of the same generation, each take the share of the estate which their closest ancestor would have taken if he or she were alive. The alternative manner of distribution is a per capita distribution. In connection with the allocation of a deceased author’s termination interest, per stirpes means that the termination right is to be shared among a related group of people.
Example of per stirpes 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 stirpes distribution, the two children of B receive half the estate and the three children of C receive the other half.
