Inheritance Glossary
What per stirpes, per capita, community property, and escheat mean for who inherits.
The words used in intestacy statutes have specific meanings. This glossary explains the terms that appear most often in the tables above.
Per stirpes
Per stirpes means by the branch. If a person entitled to inherit died before the estate owner, that person share drops down to their own children. For example, if a daughter died before her parent, her children would split the share that would have gone to her. The branch stays intact rather than spreading to every living relative equally.
Per capita
Per capita means by the head. The estate is divided equally among all living descendants who stand at the same generation level, with no dropping down to a deceased branch. Some states use per capita at each generation, which is a hybrid: the first living generation shares equally, and any unused share drops to the next generation equally.
Community property
Community property is most assets a married couple acquired during the marriage. In the nine community property states, each spouse owns half. On death without a will, the surviving spouse already owns their half, and the intestacy rules divide only the deceased spouse separate share. Separate property includes assets owned before marriage and gifts or inheritances received individually.
Separate property
Separate property is everything that is not community property: assets owned before the marriage, and gifts or inheritances received by one spouse alone. The intestacy statute divides the deceased spouse separate property, which is why community and separate treatment diverge in the tables.
Escheat
Escheat is what happens when no heir can be found. The estate reverts to the state government. Before escheat, statutes search outward through parents, siblings, nieces, nephews, grandparents, aunts, uncles, and cousins. Only when that entire bloodline is exhausted does the property pass to the state.
Heir and descendant
An heir is a person entitled to inherit under intestacy law. A descendant is a lineal blood relative down the family line: children, grandchildren, and further. Stepchildren and in-laws are not descendants unless adopted. Most modern statutes treat adopted children the same as biological children.
Intestate and probate
Intestate means dying without a valid will. Probate is the court process that proves the will (or confirms intestacy) and supervises distribution. Letters of administration are the court document that authorizes a personal representative to gather assets and pay them out to the heirs.
Source: Ala. Code §43-8, reviewed 2026. State definitions differ; the probate code controls the precise wording.