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Per capita at each generation, per stirpes and representation, for Utah trustees

Sooner or later most trustees face the question: a beneficiary died before the settlor — who takes that share? The trust's own words control. Utah's intestacy statute passes an estate to the decedent's descendants "per capita at each generation" (Utah Code § 75-2-103(1)(a)) and defines the method: the estate is divided into as many equal shares as there are surviving descendants in the nearest generation with a survivor and deceased descendants in that generation who left surviving descendants; each survivor there takes one share, and the remaining shares are combined and divided in the same manner among the next generation (§ 75-2-106(2)). Here is the arithmetic of each system, side by side.

Se muestra en su idioma como traducción automática, pendiente de revisión por un hablante nativo. Los resúmenes de los estatutos y el original en inglés siguen siendo la fuente de referencia.

The three systems, in one sentence each

Strict per stirpes — the division always begins at the children’s generation, one share per child living or deceased with descendants living; a deceased child’s share splits among that child’s own descendants. Not Utah’s intestate default; a trust that uses the words is read on its own terms, with § 75-2-709 the section Utah points to for an instrument’s “per stirpes”.

Per capita with representation — divide at the nearest generation with a surviving member: one share for each survivor there and for each deceased member who left descendants; a deceased member’s share passes down to that member’s own descendants. Not Utah’s statutory default; a trust that wants it says so in its own words.

Per capita at each generation — divide at the nearest generation with survivors; the deceased members’ shares are combined and divided equally among the next generation’s takers, so equally-near relatives take equally. In Utah this is the statutory method for an intestate estate passing to descendants (Utah Code § 75-2-106(2); § 75-2-103(1)(a)).

The same family tree can come out differently under different governing words — which is why the instrument controls. Utah’s statute defines “per capita at each generation” for an intestate estate (Utah Code § 75-2-106) and reads an instrument’s “per capita”, “per stirpes”, “by representation” and similar words under § 75-2-709; a trust may define its own scheme or name alternate takers, and reading a particular instrument against the statute is licensed-attorney work. A surviving spouse’s intestate share depends on whether every surviving descendant is also the spouse’s descendant (§ 75-2-102); Utah has no community property of its own, and a spouse’s elective share against a will or a trust is a separate question (§ 75-2-202).

Try the arithmetic yourself

Model a family shape — who is living, who left children — and see each system’s exact split. Two generations (children and grandchildren); this is the math of each rule, not a suggestion of which to use.

Child 1

Child 2

  • Grandchild 2.1

Child 3

  • Grandchild 3.1
  • Grandchild 3.2
Exact shares under each system for the family modeled above — the systems DIVERGE for this shape
PersonStrict per stirpesPer capita w/ representationUPC per capita at each generation (UT default)
Child 11/3 (33.3%)1/3 (33.3%)1/3 (33.3%)
Grandchild 2.11/3 (33.3%)1/3 (33.3%)2/9 (22.2%)
Grandchild 3.11/6 (16.7%)1/6 (16.7%)2/9 (22.2%)
Grandchild 3.21/6 (16.7%)1/6 (16.7%)2/9 (22.2%)

Arithmetic only — the exact fractions each rule produces for the shape you modeled, with Utah’s default labeled as the per-capita-at-each-generation division Utah Code § 75-2-106 provides for an intestate estate. Not advice, and never a statement of which rule YOUR trust uses — the instrument’s own words decide that, and reading them is licensed-attorney work.

El Centro de Aprendizaje es información general sobre la ley de Utah — no es asesoría legal ni sustituye el consejo de un abogado de Utah con licencia sobre sus hechos específicos. TrusteeClear es software, no un bufete.