The three systems, in one sentence each
Strict per stirpes — the rule many instruments name: the division always begins at the children’s generation, one share per surviving branch; a deceased child’s share splits among that child’s own descendants.
Per capita with representation — Pennsylvania’s rule for an intestate share (20 Pa.C.S. §2104(1)): the estate is divided into as many equal shares as there are living persons in the nearest degree with a living taker, plus persons in that degree who died leaving issue; a deceased person’s share passes by representation to that person’s issue.
The 1990 UPC rule (per capita at each generation) — divide at the nearest generation with survivors; the deceased members’ shares pool and split equally among the next generation’s takers, so equally-near relatives take equally.
The same family tree can come out differently under different governing words — which is why the instrument controls. Pennsylvania’s intestacy rule reaches a trust only where the instrument points to it or says nothing; a trust may say per stirpes, per capita, 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
| Person | Strict per stirpes | Per capita w/ representation (PA default) | 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 Pennsylvania’s default labeled as what 20 Pa.C.S. §2104(1) provides for an intestate share. 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.
The Learning Center is general information about Pennsylvania law — not legal advice, and not a substitute for advice from a licensed Pennsylvania attorney about your specific facts. TrusteeClear is software, not a law firm.
Frequently asked questions
- What does per capita with representation mean under Pennsylvania law?
- 20 Pa.C.S. §2104(1) divides an intestate share passing to issue or to collateral relatives into as many equal shares as there are living persons in the nearest degree of relationship with a living taker, plus persons in that degree who died leaving issue; each living person takes one share, and each deceased person's share passes by representation to that person's issue. Persons all in the same degree take equally (§2104(2)).
- Which distribution rule does my trust use?
- The trust instrument's own words decide — a trust may say per stirpes, per capita, define its own scheme, or name alternate takers. This page shows each rule's arithmetic; reading a particular instrument against the statute is licensed-attorney work.
- Do the three systems always produce different shares?
- No — while every child is living they produce identical shares. The rules diverge only after certain deaths, which is exactly when the wording in the instrument starts to matter.
General information about Pennsylvania law, not legal advice.