Calculateur per stirpes pour trustees de Géorgie

Per stirpes, representation and per capita at each generation, for Georgia 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. Georgia's intestacy statute gives the children of a decedent equal shares, with the descendants of a deceased child taking, per stirpes, the share that child would have taken if in life (O.C.G.A. § 53-2-1(c)(3)) — a division that begins at the children's generation — and a surviving spouse shares equally with the children and never takes less than one-third (§ 53-2-1(c)(1)). A trust may say per stirpes, by representation or per capita at each generation, or define its own scheme. This page shows the arithmetic of each; it does not read any instrument.

Affiché dans votre langue en traduction automatique, en attente de relecture par un locuteur natif. Les résumés des lois et l'original en anglais restent la source de référence.

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. Georgia’s intestate statute divides this way among a decedent’s children (O.C.G.A. § 53-2-1(c)(3)), and many Georgia trusts use the words.

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 Georgia’s intestate default; a trust may adopt it by its 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. Not Georgia’s intestate default; a trust may adopt it by its words.

The same family tree can come out differently under different governing words — which is why the instrument controls. Georgia’s statute states the per stirpes division for an intestate estate (O.C.G.A. § 53-2-1); whether a particular trust’s “per stirpes”, “by representation” or “per capita” means one system or another is a question of the instrument’s own words, which a licensed Georgia attorney of your choosing can read with you.

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
Person	Strict per stirpes (GA default)	Per capita w/ representation	UPC per capita at each generation
Child 1	1/3 (33.3%)	1/3 (33.3%)	1/3 (33.3%)
Grandchild 2.1	1/3 (33.3%)	1/3 (33.3%)	2/9 (22.2%)
Grandchild 3.1	1/6 (16.7%)	1/6 (16.7%)	2/9 (22.2%)
Grandchild 3.2	1/6 (16.7%)	1/6 (16.7%)	2/9 (22.2%)

Arithmetic only — the exact fractions each rule produces for the shape you modeled, with Georgia’s default labeled as the per stirpes division O.C.G.A. § 53-2-1(c)(3) provides for an intestate estate. Not advice, and never a statement of which rule YOUR trust uses — the instrument’s own words decide that.

Le Centre d'apprentissage est de l'information générale sur la loi de Géorgie — pas un avis juridique, ni un substitut aux conseils d'un avocat de Géorgie agréé sur vos faits précis. TrusteeClear est un logiciel, pas un cabinet.