Intestate Share of Children and Other Descendants

Question 1

What are the 3 main ways that an intestate share is divided among children?

Answer 1

1) Classic (Strict) Per Stirpes

2) Per Capita with Representation

3) Per Capita at Each Generational Level

Question 2

What is Strict (Classic) Per Stirpes?

Answer 2

One share passes to each child of the decedent. If a child is deceased, that child’s share passes to her descendants by representation. The division is always made at the child level (first level), regardless of whether there are any living takers at that level

Question 3

What is Per Capita with Representation?

Answer 3

A decedent’s descendants take their shares per capita with representation, which means the property is divided into equal shares at the first generational level at which there are living takers.

• Each living person takes a share, and the share of each deceased person at that level passes to their issue by right of representation.

Question 4

What is Per Capita at Each Generational Level?

Answer 4

The initial division of shares is made at the first generational level at which there are living takers, but the shares of deceased persons at that level are combined and then divided equally among the takers at the next generational level.

• Persons in the same degree of kinship to the decedent always take equal shares