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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.

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 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.

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