In Wisconsin, “per stirpes” is a method of distributing an estate in which a deceased beneficiary’s share passes down that beneficiary’s lineal descendants—children, grandchildren, and so on—rather than being redistributed among all surviving members of the same generation. Literally meaning “by branch,” per stirpes ensures each family branch receives an equal share: if someone in a branch has died, that person’s descendants step into their place and collectively take that branch’s portion. Wisconsin applies this concept through its rules on representation in intestate succession and estate distribution, and it is codified in Wisconsin Statutes § 854.04.
In practice, the division is made at the first generation where someone is living or has descendants. Each deceased member’s share then passes down to their descendants until a living person is found. For example, if a decedent had three children—A (deceased, with two children), B (living), and C (deceased, with one child)—distribution per stirpes would give B one-third, split A’s one-third between A’s two children (each receiving one-sixth), and give C’s child one-third. This approach differs from per capita distribution, which divides an estate equally among all living members of a generation without regard to family branches. Wisconsin uses per stirpes as the primary “by representation” default in many cases, so that a deceased child’s family is not disinherited and lineage-based equality is preserved.
If you would like to discuss this matter more thoroughly, please reach out to our Madison Wisconsin Estate Planning attorneys. We are here to help!