Also known as: per capita distributions · per capita
Written by attorneys · grounded in primary & secondary sources — see below
A method of dividing property among a class of descendants in which the estate is split into equal shares corresponding to the number of surviving descendants in the generation nearest the designated ancestor that contains at least one living member plus any deceased members of that generation who left surviving descendants. Each surviving descendant in the nearest generation receives one share outright. Remaining shares pass by further equal division among the surviving descendants of any deceased members in that generation.
Dr. Helen Moore's revocable trust directed that clinic interests pass to her issue per capita at each generation. At distribution Dr. Moore was survived by her son Megan and by three grandchildren through her predeceased daughter. The trustee divided the interests into two equal shares at the children's generation. Megan received one share and the three grandchildren divided the second share equally.
Jasper died intestate survived by two children Eric and Angela plus granddaughter Claire through his predeceased son. The estate was divided into three equal shares at the children's generation. Eric and Angela each received one share while Claire received the third share by representation through her father.
Select any source to read its text and confirm it supports the definition.
Per capita at each generation divides the property first at the nearest generation containing survivors and then subdivides any remaining shares among the next generation's survivors. Strict per stirpes always begins division at the children of the designated ancestor regardless of whether any children survive.
Supporting sources
Yes. The statute counts every surviving descendant in the nearest generation and every deceased descendant in that generation who left surviving descendants. Foster care placement alone does not disqualify a descendant from receiving a share.
Supporting sources
The default rule distributes the property among living class members at the distribution date in the shares they would receive under intestate succession if the designated ancestor had then died intestate owning the property.
Supporting sources
…members of the Peoria Tribe are statutorily entitled under 84 Stat. 688, 25 U. S. C. § 1222. See 25 U. S. C. § 1226 ("Any per capita share, whether payable to a living enrollee or to the heirs or legatees of a deceased enrollee, which the Secretary of the Interior is unable to deliver within two years after the date the…