Inheritance Terms: Per Stirpes vs Per Capita
What per stirpes, per capita, and community property mean for who inherits.
Plain inheritance tables — no accounts, no forms, no personal data collected.Per stirpes
A Latin phrase meaning "by the branch." A deceased heir's share drops down to their own children. If a parent dies before the estate owner, that parent's children split the parent's share.
Per capita
Means "by the head." The estate is divided equally among all living descendants at the same generation level, with no dropping down to a deceased person's branch.
Community property
Property acquired during marriage in community-property states (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, Wisconsin) is split — the surviving spouse already owns half, and the deceased's half is what the intestacy rules divide.
General reference, last reviewed 2026. State definitions vary.