What Does Per Stirpes Mean for Your Family Estate Plan?

Dan McKenzie • August 25, 2026

When reviewing a will or a trust, you will likely encounter Latin legal terms that may seem confusing. One of the most common phrases you will see is "per stirpes." So, what does per stirpes mean, and why does it matter for your family? In simple terms, it is a specific way to pass down an inheritance through family branches rather than dividing assets equally among surviving individuals.

Understanding "By the Branch" Distribution

"Per stirpes" literally translates to "by the branch." This method ensures that each branch of your family tree receives an equal portion of your estate. If a child passes away before you do, their share automatically passes straight down to their own children. Think of your family tree as having several main branches. If a main branch breaks, the inheritance allocated to that branch stays right there and trickles down to the smaller twigs attached to it.

What Does Per Stirpes Mean in Real Life?

To see how this works in practice, picture a simple example. Imagine you have two adult children, and each child represents a 50% share of your estate. If one child passes away before you, leaving behind three children of their own, that branch's 50 percent share gets divided equally among those three grandchildren. Your surviving child still receives their full 50 percent, while each grandchild receives roughly 16.6 percent. This structure keeps inheritance equal across family lines regardless of how many grandchildren are in each branch.

Why This Term Matters for Colorado Families

Choosing how your assets pass down is one of the most vital parts of updating your estate plan. Without clear language, your estate could end up split in ways you never intended. Working with an experienced lawyer helps make sure your wishes are clearly documented under Colorado law.

Protect Your Legacy with The McKenzie Law Firm, LLC

Understanding what per stirpes means is just one step toward building a comprehensive estate plan. If your estate planning documents are more than five years old, now is a great time to ensure your family's future remains fully protected. At The McKenzie Law Firm, LLC, we help families across the Denver metro area navigate every detail of estate planning and administration. Please schedule a consultation with our team to discuss your goals, or call us directly at 720-821-7604 today.

The McKenzie Law Firm, LLC practices law exclusively in Colorado. This post is for general informational purposes only and does not constitute legal advice. Please consult a qualified attorney regarding your specific situation.

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