Why Per Stirpes Belongs in Your Family’s Estate Plan

Dan McKenzie • August 23, 2026

When you sit down to create or update your family's estate plan, you will encounter legal terms that sound like a different language. One phrase you will hear often is "per stirpes." Understanding what per stirpes means in estate planning is one of the most important steps you can take to protect your children and grandchildren. Having peace of mind about your legacy allows you to focus on enjoying life with your loved ones.

Keeping Your Legacy Within Each Family Branch

"Per stirpes" is a Latin legal term that means "by branch." In simple terms, it signifies that your estate will be divided equally among the main branches of your family. If one of your children passes away before you, that child's share does not disappear or go to someone outside your immediate family. Instead, their share automatically goes to their own children—your grandchildren. This structure ensures that your inheritance remains within each specific family line.

Understanding What Per Stirpes Means in Estate Planning

To illustrate how this works in real life, imagine you have two adult children, and each of them is set to inherit half of your estate. If your eldest child passes away first and leaves behind two children, the term "per stirpes" ensures that your eldest child's 50% share is equally distributed between those two grandchildren. Without this designation, your surviving child could inherit the entire estate, leaving the other grandchildren with nothing.

Why Most Parents Prefer This Approach

When parents are asked how they would like their estate handled, nearly all respond similarly: if one of their children passes away before them, the deceased child's share should be passed on to their grandchildren. The principle of "per stirpes" reflects this instinct. It ensures that every branch of your family tree is honored and prevents your hard-earned assets from being unexpectedly redistributed. For most couples with children and grandchildren, this approach provides the fairest and most reliable protection for their estate.

Protect Your Family with The McKenzie Law Firm

Deciding how to pass down your family's assets is a big decision, but you do not have to navigate it alone. Understanding what per stirpes means in estate planning helps ensure your loved ones are cared for for generations. If you are ready to build or update an estate plan that fits your family's unique needs, we are here to help. We invite you to schedule a consultation with The McKenzie Law Firm, LLC. You can contact our team today by calling 720-821-7604. We proudly serve families in Centennial and across the entire Denver metro area.

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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