Also known as: per capita · per capita distribution · per capita rule
Written by attorneys · grounded in primary & secondary sources — see below
A method of dividing property among descendants by allocating equal shares to each surviving descendant in the generation nearest the designated ancestor that contains one or more survivors. Any shares allocated to deceased members of that generation are then combined and subdivided in the same manner among their surviving descendants.
Phuong Pham's revocable trust directs that clinic interests pass to her issue per capita at each generation. At distribution Phuong is survived by son Pierce Patterson and by three grandchildren through her predeceased daughter Portia Price. The trustee divides the interests into two equal shares. Pierce receives one share outright. The second share is divided equally among the three grandchildren.
Parker Phillips dies intestate survived by daughter Philip Powell, son Peter Park, and granddaughter from his predeceased daughter. The estate is divided into three equal shares at the children's generation. Philip and Peter each receive one share. The third share passes by the same method to the granddaughter.
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Per capita at each generation divides shares at the nearest generation containing survivors rather than always beginning at the children's generation. Shares of deceased members in that generation pass to their descendants by repeating the same process.
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The initial division occurs at the generation nearest the designated ancestor that contains one or more surviving descendants. Deceased members of that generation who left surviving descendants are also counted when determining the number of shares.
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Yes. Placement in foster care does not disqualify a descendant from receiving a share. The rule focuses solely on whether the descendant survived the distribution date.
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…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…