Per Stirpes in Practice
Suppose you have three children and one has already passed away, leaving two grandchildren. Under per stirpes:
- Child 1 receives one-third
- Child 2 receives one-third
- The two grandchildren (children of deceased Child 3) split one-third, each getting one-sixth
Per Stirpes vs. Per Capita
Under per capita distribution, each surviving beneficiary at the same level receives an equal share. Using the same example, per capita would divide the estate equally among all four. Each would receive one-fourth.
Per stirpes is more common because it preserves the family branch structure. Most Arizona trusts and wills use per stirpes as the default method.