If you’ve ever sat down to look at a Will or a Trust, you’ve probably run into some Latin terms that look like they were pulled straight out of a dusty 18th-century textbook. One of the most common: and most important: is per stirpes.
It sounds fancy, but at Don Shaw Law, PLLC, we believe that your estate plan shouldn't feel like a foreign language lesson. You’re trying to protect your family, not win a spelling bee.
So, what exactly is per stirpes, and why does it matter so much for families right here in Washington, DC? We’re going to break it down for you in plain English. No law degree required.
What Does "Per Stirpes" Actually Mean?
In Latin, per stirpes literally translates to "by the roots" or "by the branches." Think of your family tree. You are the trunk, and your children are the branches. If those branches have their own smaller branches (your grandchildren), per stirpes ensures that the family legacy flows down the right path, even if one of those main branches is no longer there.
In the simplest terms, per stirpes is a way of saying: "If one of my children passes away before I do, their share of my estate goes to their children."
Let’s Look at an Example (The "Fairness" Test)
Imagine you have three children: Alice, Bob, and Charlie. You decide to leave your estate to them equally.
In a perfect world, they all outlive you, and they each get 1/3 of your assets. But life is rarely that predictable. Let’s say Bob unfortunately passes away before you, leaving behind two children of his own (your grandkids).
- With Per Stirpes: Alice gets 1/3, Charlie gets 1/3, and Bob’s 1/3 is split equally between his two children. Bob’s "branch" of the family still gets the share you intended for them.
- Without Per Stirpes (or using Per Capita): In some cases, if you didn't specify per stirpes, Bob’s share might be absorbed by Alice and Charlie, leaving Bob’s children with nothing from your estate.
For most DC families we talk to, per stirpes is the "default" setting for fairness. It keeps things within the family line you intended.
Why This Matters Specifically for DC Families
Washington, DC has its own set of rules when it comes to inheritance. If you die without a will (which we call dying "intestate"), DC law has a specific way of handing out your stuff.
According to DC Code, if you have a spouse and children, the distribution can get complicated quickly. For example, if you have a surviving spouse and descendants, the spouse usually receives two-thirds and the children share the remaining third.
If you don’t have a clear Will that specifies per stirpes, the law might distribute your assets in a way that doesn’t match your family’s unique needs. We’ve seen cases where unintended family members inherit while grandchildren are left out simply because the paperwork didn't use the right "magic words."
By being proactive and using terms like per stirpes, we help you take the guesswork out of the hands of the DC courts. You’re making the decision, not a judge who has never met your grandkids.
Per Stirpes vs. Per Capita: Which One Do You Want?
You might also hear the term per capita. This means "by the head."
If you leave your estate to your "descendants per capita," it means everyone: your children and your grandchildren: gets an equal slice of the pie at the same time.
If you have 3 children and 6 grandchildren, your estate is split 9 ways. Most parents find this confusing and not what they intended. Usually, parents want their children to be the primary beneficiaries, and only want the grandchildren to step in if their parent (your child) isn't there to receive the inheritance. That’s why per stirpes is generally the preferred choice for family-focused planning.
Fitting It Into the "Box" (Your Trust)
While we’re talking about Wills, many of our clients in DC, VA, and MD find that a Revocable Living Trust (RLT) is actually a better tool for their family.
We like to describe an RLT as a "box with no lid."
When you create this box, you put your assets inside: your home, your bank accounts, your investments. Because the box has no lid, you can reach in and move things around whenever you want while you're alive. You’re still in total control.
Inside the box, we write the instructions. We can say, "When I’m gone, the contents of this box go to my children, per stirpes."
But the box shouldn't travel alone. We always recommend pairing the box with a pour-over will. Think of the pour-over will as a safety net. If you forget to put an asset inside the box before you pass away, the pour-over will "pours" that asset into the box so it can be distributed according to your instructions. It ensures no assets are left unprotected or subject to the standard DC intestacy rules.
Common Questions We Get About Per Stirpes
1. Is it only for children?
Not necessarily! You can use per stirpes for siblings or any group of beneficiaries where you want the share to stay within that person's direct bloodline.
2. What if my child doesn't have children?
If a beneficiary passes away and has no descendants, their share typically goes back into the main pot to be divided among your other surviving children.
3. Does this apply to step-children?
This is a big one. In DC, "descendants" usually refers to biological or legally adopted children. If you want to include step-children in your per stirpes distribution, we need to be very specific in your documents. The law won't always assume you want them included.
How to Get Started
Estate planning doesn't have to be a headache. Whether you are in DC, Virginia, or Maryland, we’re here to help you navigate these terms and build a plan that actually fits your family.
We recommend starting by thinking about your "branches." Who are the people you want to protect? If the worst happened, where would you want your hard-earned assets to go?
Once you have those goals in mind, we can handle the Latin and the legal heavy lifting.
You can check out our Frequently Asked Questions for more tidbits on how we handle these situations, or if you're ready to dive in, you can fill out our Estate Planning Questionnaire. It’s a great way to get your thoughts organized before we talk.
Let’s Chat
At Don Shaw Law, PLLC, we pride ourselves on being approachable and clear. We know you’re doing this because you love your family, and we want to make sure your plan reflects that love perfectly.
If you have questions about per stirpes, the "box," or how DC laws affect your specific situation, don't hesitate to reach out. We serve families across VA, WV, MD, and DC, and we’d love to help you find peace of mind.
Schedule a consultation with us today and let’s make sure your family tree is well-protected for generations to come.
