Two short Latin phrases show up in most Florida wills, trusts, and beneficiary forms. Most people sign right past them without a second look.
They answer a question that matters quite a bit: if someone you named is no longer living when you pass, does that person’s share travel down to their children, or does it get redivided among everyone still here? Choosing on purpose is a small decision that gives you real say over where your money lands a generation from now.
What Per Stirpes Means in Plain English
Per stirpes is Latin for “by the branch.” Picture your family as a tree with one branch for each of your children. Every branch takes an equal share, and if a branch loses its original beneficiary, that share keeps flowing down the same branch to the next generation.
Say you have three children and leave your estate to them per stirpes. Each is in line for a third. If one of your children passes before you and left two children of her own, those two grandchildren divide her third. Your other two children still receive their thirds, untouched.
One detail matters to a lot of families: per stirpes travels down bloodlines, not sideways. The share moves to your child’s descendants rather than to your child’s spouse. For families who want assets to reach grandchildren the way they intended, that distinction is often the whole reason they choose it.
What Per Capita Means in Plain English
Per capita means “by the head.” The focus shifts to the individuals actually living when you pass, and they divide the property equally among themselves.
Take the same three children. Under a per capita clause naming your children, if one passes first, the two surviving children each receive half. Grandchildren from the third branch would not take a share under that clause.
Per Stirpes vs Per Capita: What St. Augustine Families Are Really Deciding
Neither approach is better. They answer different questions about your family.
The per stirpes vs per capita choice usually comes down to how you think about generations. Per stirpes builds in a plan for grandchildren automatically and ages well, since a grandchild born years from now is already accounted for. Per capita keeps the focus on the people you named and adjusts shares among whoever is still living.
What Happens If Your Documents Don’t Say
Florida has a default here, and it leans toward per stirpes. Property left behind without a will moves down family branches. A will that leaves something to “my descendants” without adding more is generally read the same way. There is even a backup rule that steps in when a relative you named passes before you do, sending that share to their own children instead of letting the gift fall away, unless your documents point somewhere else.
For plenty of families, that default is exactly what they would have chosen anyway. The catch is on the other side. Per capita is not something Florida supplies on its own, so if that is the result you have in mind, your documents need to say so plainly. Trusts and beneficiary forms follow their own separate rules, which is why the full set is worth reading together rather than one piece at a time.
Your Beneficiary Forms Are Making This Choice Too
Retirement accounts, life insurance, and annuities pass by beneficiary designation, and those forms generally control no matter what the will says.
Some designation forms offer a per stirpes option. Others simply split the account among the surviving named beneficiaries. Naming a contingent beneficiary on each account keeps the outcome in your hands rather than defaulting to the account agreement or state law. Reviewing those designations next to the rest of your estate planning documents is one of the more productive afternoons you can spend.
Which Approach Fits Your Family
A few questions usually bring the answer into focus:
- Would you want grandchildren to step into a parent’s place, or should shares stay with the beneficiaries you named?
- Is yours a blended family, where branches may look different from one another?
- Do your beneficiary forms match the instructions in your will or trust?
Every family is different, and wording that fits one household may not fit the next. An attorney can help evaluate your circumstances and match the language to your intentions.
Key Takeaways
- Per stirpes keeps a share within a family branch, passing it down to that beneficiary’s descendants.
- Per capita divides property equally among the beneficiaries living at the time.
- Florida defaults toward per stirpes when a document is silent, so per capita generally needs to be stated clearly.
- Per stirpes follows descendants rather than a beneficiary’s spouse.
- Beneficiary designations on retirement accounts and insurance usually control those assets independently of a will.
- Reviewing wills, trusts, and beneficiary forms together keeps the plan pointing in one direction.
Put the Right Words in Your Plan
Per stirpes or per capita comes down to one line of wording, and that line decides whether a share stays inside a family branch or shifts to the beneficiaries who are still living. Making the call yourself, instead of leaving it to a default rule or an unchecked box on a form, is a straightforward way to feel settled about where your assets are headed.
At E.P.P.G. Law of St. Johns, Attorney Heather Maltby takes time to understand how each family is actually put together before recommending any wording, so the documents reflect real relationships rather than a standard form. We welcome the chance to talk through what fits yours in St. Augustine or Palm Coast. Request a consultation to learn more.
References: Yahoo Finance (Jan. 7, 2021) “Per Stirpes vs. Per Capita in Estate Planning” and Benzinga (Dec. 26, 2018) “Estate Planning: What Are Per Capita And Per Stirpes Beneficiary Designations?” and The Florida Legislature, 2025 Florida Statutes §§ 732.104, 732.603, and 732.611