Also known as: taking by representation · takes by representation · taken by representation · per stirpes · representation
Written by attorneys · grounded in primary & secondary sources — see below
A method of distributing an intestate estate in which the surviving descendants of a deceased heir receive the share the deceased heir would have taken.
Tara Tran dies intestate survived by two children and three grandchildren whose parent predeceased her. The grandchildren take the share their parent would have received under the state intestacy statute. The distribution follows the representation rule without dispute among the heirs.
Tyrone Tran dies intestate leaving descendants including children of a predeceased child. Those descendants take by representation the share their parent would have received. The probate court applies the statute to divide the estate accordingly.
Tiffany Torres dies intestate survived by descendants who take by representation the share their deceased parent would have received. The grandchildren receive equal portions of the parent's share under the applicable intestacy rules.
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Timothy Tang dies intestate leaving surviving descendants who take by representation the share their predeceased parent would have received. The estate is distributed per the representation statute among the living heirs.
Talia Torres dies intestate survived by descendants who take by representation the share their deceased parent would have received. The grandchildren inherit their parent's portion after the spouse receives the statutory share.
Tanner Thompson dies intestate survived by a spouse and three children of a predeceased child. The grandchildren take by representation the share their parent would have received under the uniform probate statute.
Taking by representation means descendants of a deceased heir receive the share their ancestor would have taken. Per capita distribution gives each living descendant an equal share regardless of generational level. The uniform probate code applies representation when a decedent is survived by descendants.
Representation applies to all surviving descendants of the decedent. The uniform probate code provides that any part of the intestate estate not passing to the surviving spouse passes by representation to the decedent's surviving descendants.
The presumed intent is that a testator or intestate decedent would prefer substitute gifts to a deceased devisee's descendants rather than letting the gift lapse. This policy appears in both antilapse statutes and intestacy rules that employ representation.
…While there may be no unanimity on the physician's professional obligation in such circumstances, I accept here respondents' representation that providing such patients with prescriptions for drugs that go beyond pain relief to hasten death would, in these circumstances, be consistent with standards of medical practice. Hence,…