If a child of the decedent has predeceased and left children, those grandchildren split the deceased child's share. Latin for "by the roots." The opposite of "per capita." Per stirpes is the default distribution rule in most state intestacy statutes and the most common will-drafted distribution clause.
For mineral curative, per stirpes means a fractional interest can subdivide further with each generation. A 1/4 mineral interest passing to four children per stirpes gives each child 1/16. If one of those children predeceased leaving three of their own children, those three grandchildren split that 1/16 → 1/48 each.
After three or four generations of intestate deaths under per stirpes, fractional interests can reach decimals like 0.0026042. These are real ownership stakes that have to be identified and either leased, force-pooled, or escheated.
Worked examples
- Decedent leaves three children: A, B, and C. C predeceased the decedent leaving two children (X and Y). Per stirpes: A takes 1/3, B takes 1/3, X and Y split C's 1/3, taking 1/6 each.