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
| Person | Strict per stirpes | Per capita w/ representation | UPC per capita at each generation (UT 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 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.
The Learning Center is general information about Utah law — not legal advice, and not a substitute for advice from a licensed Utah attorney about your specific facts. TrusteeClear is software, not a law firm.
Frequently asked questions
- What does "per capita at each generation" mean under Utah law?
- For an intestate estate passing to the decedent's descendants, Utah Code § 75-2-106(2) divides the estate into as many equal shares as there are surviving descendants in the generation nearest the decedent that has a survivor and deceased descendants in that generation who left surviving descendants; each surviving descendant in that generation takes one share, and the remaining shares are combined and divided in the same manner among the surviving descendants of the deceased descendants. That is the calculator's per capita at each generation column, labeled as Utah's default.
- What is the surviving spouse's intestate share in Utah?
- The surviving spouse takes the entire intestate estate where no descendant survives, or where every surviving descendant is also the spouse's descendant; where one or more surviving descendants are not the spouse's, the spouse takes the first $75,000 plus one-half of the balance, and a nonprobate transfer the spouse received counts as an advancement in that case (Utah Code § 75-2-102). The rest passes to the descendants per capita at each generation (§ 75-2-103).
- Does Utah define "per stirpes" in a trust?
- Utah Code § 75-2-106 defines "per capita at each generation" for intestate succession, and its subsection (5) sends an instrument's "per capita", "per stirpes", "by representation", "share and share alike" and similar words to § 75-2-709, the section on those words in a governing instrument. A trust that uses any of them, or defines its own scheme, is read on its own words against that section — licensed-attorney work.
- Which distribution rule does my trust use?
- The trust instrument's own words decide — a trust may say per stirpes, by representation or per capita at each generation, 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 Utah law, not legal advice.