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By representation, per stirpes and the per capita systems, for Arizona 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. Arizona's intestacy statute passes an estate to the decedent's descendants "by representation" (A.R.S. § 14-2103(1)) 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 (§ 14-2106(A)) — per capita at each generation. Here is the arithmetic of each system, side by side.

Показано на вашем языке как машинный перевод, ожидающий проверки носителем языка. Краткие изложения статутов и оригинал на английском остаются источником записи.

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. Arizona’s statutes give an instrument’s "per stirpes" no definition — a trust that uses the words is read on its own terms.

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 Arizona’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 Arizona this is the statutory meaning of "by representation" (A.R.S. § 14-2106(A)), the default for an intestate estate passing to descendants (§ 14-2103(1)).

The same family tree can come out differently under different governing words — which is why the instrument controls. Arizona’s statute defines "by representation" for an intestate estate (A.R.S. § 14-2106) and gives an instrument’s "per stirpes" no definition; 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 the surviving issue are also the spouse’s issue, and the decedent’s one-half of the community property passes with the separate property (§ 14-2102) — the other half of the community property is the surviving spouse’s own, never part of the estate.

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 (AZ 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 Arizona’s default labeled as the by-representation division A.R.S. § 14-2106 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.

Учебный центр — это общая информация о законах Аризоны, а не юридическая консультация и не замена совету лицензированного юриста Аризоны по вашим конкретным фактам. TrusteeClear — это программа, а не юридическая фирма.