Calculateur per stirpes pour trustees de Caroline du Nord

Per stirpes, per capita and dividing at each generation, for North Carolina 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. North Carolina's intestacy statute divides among a decedent's descendants at each generation: each surviving child takes a share computed by dividing the property by the number of surviving children plus the deceased children who left descendants, and the shares of the deceased children are combined and divided the same way among the surviving grandchildren in those lines, and so on down (N.C. Gen. Stat. § 29-16(a)). Below, the three common systems — and an interactive tree that shows the arithmetic each one produces, with North Carolina's division labeled.

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. Not North Carolina’s intestate method; a trust that wants it says so in its own 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 North Carolina’s intestate method; 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. This is the arithmetic of North Carolina’s intestate division among descendants — divided at each generation (N.C. Gen. Stat. § 29-16(a)).

The same family tree can come out differently under different governing words — which is why the instrument controls. North Carolina’s intestacy statute reaches a trust only where the trust itself sends property to a person’s heirs or next of kin, or fails and passes by intestacy; a trust may define its own scheme or name alternate takers, and reading a particular instrument against the statute is licensed-attorney work.

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	Per capita w/ representation	UPC per capita at each generation (NC default)
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 North Carolina’s default labeled as the division at each generation N.C. Gen. Stat. § 29-16(a) provides for an intestate estate passing to descendants. 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.

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