What this covers
This article explains the difference between per stirpes and pro rata inheritance distribution—what each method means, how it plays out for descendants, and why your choice matters.
Core Concept
Per stirpes and pro rata are legal ways to divide an inheritance when a beneficiary dies before you do.
The difference comes down to whether you want a deceased beneficiary’s share to flow down their family line (per stirpes) or be redistributed among the other surviving named beneficiaries (pro rata).
Your decision sets the path for how your estate flows across generations.
Methods Explained
Per Stirpes (by branch):
If a beneficiary dies before you, their share passes directly to their descendants—children first, then grandchildren, and so on.
Keeps the inheritance within each family line.
The deceased beneficiary’s share does not get divided among surviving siblings or other named beneficiaries.
Pro Rata (in proportion):
If a beneficiary dies before you, their share is divided equally among the surviving named beneficiaries.
Descendants of the deceased beneficiary do not inherit anything.
Only living, named beneficiaries in the plan receive a share.
Real-World Example: A parent leaves an estate equally to three children: George, Caroline, and Paul.
Per stirpes: If George dies before you, his share goes to his children (Madeline and Connor). Caroline and Paul's shares stay the same.
Pro rata: If George dies before you, his share is divided equally between Caroline and Paul. George’s children inherit nothing.
Key Considerations
Confusing per stirpes with pro rata can lead to unintended outcomes for your heirs.
If you want grandchildren (or other descendants) to inherit their parent's share, per stirpes is the clearer choice.
If you want the inheritance to be shared only among living beneficiaries that you've named in your estate plan, choose pro rata.
You can set distribution rules beneficiary-by-beneficiary basis. For example:
For named beneficiaries who have children, you can choose per stirpes as their contingent distribution.
For named beneficiaries who do not have children, you can choose pro rata.
* If any of those beneficiaries predecease you, their portion will go to the other beneficiaries you have named in your estate plan.
Important: These distribution rules only apply to the beneficiaries you've named in your plan.
Comparison Table
Feature | Per Stirpes | Pro Rata |
Beneficiary dies before you | Share passes to their descendants (children, grandchildren, etc.) | Share is divided equally among surviving beneficiaries |
Descendants of deceased beneficiary receive inheritance? | Yes | No |
Purpose | Keeps inheritance within family branches | Divides estate only among living beneficiaries |
How it works in Estate Guru
When creating your plan, you choose per stirpes or pro rata.
The platform handles the calculations based on your choice, automatically reallocating shares if a beneficiary dies before you.
Built-in attorney review ensures expert legal outcomes that reflect your intent.
You can update or change your distribution method anytime as family situations change.
Final Notes
Decide early which distribution style fits your goals.
Per stirpes preserves family lines; pro rata focuses on living named beneficiaries.
Clearly name contingent beneficiaries to avoid confusion or unintended results.