/per KAP-uh-tuh at each JEN-uh-ray-shuhn uh-PROHCH/·doctrine
Also known as:per capita at each generation
Written by attorneys · grounded in primary & secondary sources — see below
A distribution method under which property is divided into equal shares at the generation nearest the designated ancestor that contains at least one surviving descendant. Each surviving descendant in that generation receives one share. Shares allocated to deceased descendants in that generation who left surviving descendants are then combined and divided similarly among those descendants at the next generation.
Sources & Authorities
How it applies
Common Examples
2
Trust Stock Division at Termination
Diego created a trust holding stock in Rivera Motors and directed distribution to his issue per capita at each generation. His only child Elena predeceased the termination date. Elena left two children, Alex who survived and Nico who predeceased but left a surviving child Leon. At termination the trustee divides the stock into two equal shares because Alex and Nico's line are the only units counted in the grandchildren generation. Alex receives one full share while Leon receives the share attributed to Nico's line.
Intestate Estate Among Children and Grandchildren
Andre dies intestate survived by children Leo and Maya plus the two children of his deceased son Carlos. The estate is divided into three equal shares at the children's generation because that is the nearest generation containing survivors. Leo and Maya each receive one full share. The third share passes to Carlos's children Nina and Omar who divide it equally.
Put it into practice
Test Yourself
10
Practice Questions5
· 1 primary source
Select any source to read its text and confirm it supports the definition.
Uniform Acts
Course Outlines
Common questions
Frequently Asked
3
How does per capita at each generation differ from per stirpes?+
Per capita at each generation divides shares at the nearest generation with survivors and pools remaining shares for equal division at the next level. Per stirpes instead fixes shares at the children's generation and subdivides only within each branch. The uniform probate code applies the per capita method when a governing instrument directs distribution by representation.
Supporting sources
What happens to a share when a member of the nearest generation dies without descendants?+
That individual is disregarded entirely. The statute counts only surviving descendants in the nearest generation and deceased descendants in that generation who left surviving descendants. No share is created for a line that has become extinct.
Supporting sources
Does a minor grandchild in foster care still count as a surviving descendant?+
Yes. Survival turns solely on whether the descendant is alive at the distribution date. Foster care placement alone does not disqualify the grandchild from receiving a share under the per capita at each generation rule.
Supporting sources
Trusts and Estates Decedents EstatesWills · Construction problemsUBEIntermediate