DefineLaw

What is per capita?

Per capita splits an estate equally among living named beneficiaries.

Why it matters

It gives each living person an equal share, ignoring family branches.

Common confusion

Per capita is per living person; per stirpes follows deceased branches.

DefineLaw editors — plain-English definitions for general reference; not a substitute for advice from a licensed attorney.

Frequently Asked Questions

When would I use per capita?

When you want equal shares among the living named people.

Does it skip dead beneficiaries?

Yes — their children do not step in under per capita.

Which is better?

Depends on whether you want branches represented.

Related estate terms