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When creating an estate plan in Georgia, you’ll be asked a question most people have never considered:
What happens if one of your beneficiaries dies before you do?
How your estate is distributed in that situation depends on whether you’ve chosen per stirpes or per capita distribution. Understanding the difference is key to making sure your assets end up where you want them—and to avoid family confusion or disputes.
What Is Per Stirpes?
Per stirpes is Latin for “by branch.” It means that if a beneficiary dies before you, their share goes to their descendants (typically their children), not to your other surviving beneficiaries.
Example:
You leave your estate equally to your three children—Anna, Ben, and Claire. Ben dies before you, leaving two children of his own. With per stirpes, Anna and Claire each get one-third of your estate, and Ben’s two children split his one-third share.
Per stirpes ensures that each branch of your family receives their intended inheritance, even if someone in that branch predeceases you.
What Is Per Capita?
Per capita means “by the head.” Under this approach, if a beneficiary dies before you, their share is re-divided among the remaining living beneficiaries at the same generational level.
Example:
Using the same scenario, if Ben dies before you, Anna and Claire would each receive half of the estate. Ben’s children receive nothing.
Per capita favors the surviving individuals named in the will, not their descendants. It’s cleaner but can disinherit grandchildren unintentionally if their parent dies before you.
| Term | Definition | Example Scenario | Who Inherits |
|---|---|---|---|
| Per Stirpes | Latin for “by branch.” Each family branch receives a share, passing to descendants if a beneficiary dies. | You leave your estate to three children. One child dies, leaving two children (your grandchildren). | The two surviving children get their 1/3 shares; the deceased child’s 1/3 goes equally to their children. |
| Per Capita | Latin for “by head.” Estate is divided equally among all living beneficiaries at the same level. | Same scenario: one of your three children dies before you, leaving two grandchildren. | The two surviving children receive 50% each. The grandchildren receive nothing. |
| Result | Ensures descendants of a deceased heir receive their parent’s share. | May benefit grandchildren and maintain generational intent. | Favors living named beneficiaries and simplifies distribution. |
Which Inheritance Option Is More Common in Georgia?
Most people in Georgia choose per stirpes, especially if they want their grandchildren to inherit if a child predeceases them.
Georgia wills and trusts will honor whatever distribution method is clearly stated. If no method is specified, courts will try to interpret the testator’s intent—but that can lead to legal disputes or uneven outcomes.
To avoid ambiguity, your estate plan should clearly define your preferred method. An experienced estate planning attorney will guide you through scenarios that most people overlook—like what happens if a beneficiary dies unexpectedly.
Can You Customize How Assets Are Distributed?
Absolutely. You can apply per stirpes or per capita principles selectively, or even use per capita at each generation, a hybrid approach where the estate is split equally among all living heirs at the next generational level.
You can also:
- Allocate specific percentages or amounts
- Skip generations or include contingencies
- Use trusts to control how and when assets are distributed
This level of flexibility is one reason why a professionally drafted estate plan is far more effective than using online templates or DIY wills.
👉 See why DIY estate plans often fail
Why This Matters for Blended Families and Minor Beneficiaries
Choosing the right distribution method is especially important if you:
- Have children from different marriages
- Have minor or special needs grandchildren
- Want to avoid disputes between family branches
- Need to control long-term asset distribution through a trust
Per stirpes often offers more predictability in these situations, ensuring that each family line is treated fairly—even when someone passes unexpectedly.
Let Hurban Law Help You Make the Right Choice
At Hurban Law, LLC, we help Georgia families design estate plans that reflect real-life relationships—not just legal formulas. Whether you’re preparing your first will or updating an existing plan, we’ll help you structure distributions clearly, fairly, and in a way that honors your intent.
Contact us today to discuss your estate planning goals and ensure your assets are passed down the way you choose.
