Per stirpes

Per stirpes (/pɜːr ˈstɜːrpiːz/; "by roots" or "by stock")[1][a] is a legal term from Latin, used in the law of inheritance and estates.

The historic rule, where members of the same generation may inherit different amounts, is now often described as strict per stirpes.

[4] or the old English approach,[5] Example 1A: The testator A, specifies in their will that their estate is to be divided among their descendants in equal shares per stirpes.

The estate is divided into equal shares at the generation closest to the deceased with surviving heirs.

[6] Under this approach, the number of branches is determined by reference to the generation nearest the testator which has a surviving descendant.

This method is used in the states of Alaska, Arizona, California, Colorado, Hawaii, Maine, Michigan, New Jersey, New Mexico, New York, Ohio, Oklahoma, Pennsylvania, Utah, and West Virginia.

Figure 1. A ' s estate is divided equally between each of the three branches. B , C and D each receive one-third. As B pre-deceased A , B ' s two children – B1 and B2 – each receive one-half of B ' s share, equivalent to one-sixth of the estate. E is pre-deceased with no descendants to receive a share of the estate.
Figure 2. Comparison between per stirpes inheritance and per capita by generation inheritance. On the left, each branch receives one third of the estate. On the right, A ' s only surviving child, C , receives one third of the estate. The remaining two thirds are divided among the descendants in the next generation.