# Per Stirpes: Definition and How It Works in California

> Per stirpes divides an inheritance by family branch, so a deceased beneficiary's share passes to their own children.

Source: https://ridleylawoffices.com/estate-planning-glossary-california/per-stirpes/

By Eric Ridley, attorney, Ridley Law. Updated September 2026.

**Per stirpes** divides an inheritance by family branch, so a deceased beneficiary’s share passes down to their own children rather than being redistributed among the surviving beneficiaries.

## How it works in California

Prob. Code, § 246 describes this method as dividing the property into as many equal shares as there are living children of the person the gift is measured from, plus any deceased children who left descendants who are still living. Each living child takes one share. Each deceased child’s share goes down that child’s branch and is divided the same way among their descendants. The mechanics, and how this differs from the other common method, are covered in [per stirpes vs. per capita](https://ridleylawoffices.com/per-stirpes-vs-per-capita-california/).

Because the division happens by branch rather than by generation, grandchildren in different branches can receive very different amounts. A grandchild whose parent is still alive usually takes nothing, because the parent takes that branch’s share.

## Why it matters

Per stirpes keeps an inheritance moving down through a specific family line instead of spreading it out evenly among everyone at the same generation. Say a parent’s will leaves everything “to my children, per stirpes,” and one of three children died first, leaving four children of their own. The two surviving children each take one-third. The deceased child’s one-third is split four ways, so each of those four grandchildren receives one-twelfth.

## Common mistakes

Assuming per stirpes and per capita produce the same result. They differ once two or more children have died leaving different numbers of children. Using the phrase “per stirpes” in a document without confirming it’s the distribution the family wants, especially in blended families where the branches aren’t the same size.

## Related terms

- [Heir](https://ridleylawoffices.com/estate-planning-glossary-california/heir/): a person entitled to inherit under intestate succession, where California’s own division rules apply.
- [Intestate succession](https://ridleylawoffices.com/estate-planning-glossary-california/intestate-succession/): the default inheritance rules when there’s no will, which also address how a deceased relative’s share passes to descendants.
- [Per capita](https://ridleylawoffices.com/estate-planning-glossary-california/per-capita/): the other common distribution method, which divides by generation rather than by family branch.
- [Pretermitted heir](https://ridleylawoffices.com/estate-planning-glossary-california/pretermitted-heir/): a child left out of a will, whose share is measured by what the child would have taken by intestate succession.
- [Lineal Descendants](https://ridleylawoffices.com/estate-planning-glossary-california/lineal-descendants/): children, grandchildren, and so on down the direct line.

Part of the [California estate planning glossary](https://ridleylawoffices.com/estate-planning-glossary-california/). For the full treatment, see [Per Stirpes vs. Per Capita in California: What They Actually Mean](https://ridleylawoffices.com/per-stirpes-vs-per-capita-california/).