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HomeProbate CodeDiv. 2Pt. 6Ch. 2§ 246 Per Stirpes Property Distribution

§ 246 Per Stirpes Property Distribution

Probate Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 246 Per Stirpes Property Distribution

This law says that when a will or trust tells you to divide property “per stirpes” or “by representation,” you split the estate into equal parts for each living child of the ancestor and for the children of any dead child.

Key Takeaways

  • •Divide the estate into as many equal shares as there are living children plus the lines of any deceased child who left living descendants.
  • •The rule automatically applies to wills or trusts made on or after Jan 1, 1986 unless the document says something different.
  • •For older documents (before Jan 1, 1986) the same rule applies unless the creator clearly intended another method.

Example

A parent dies leaving three children. One child died earlier but left two grandchildren. The will says the estate is to be divided “per stirpes.”

The estate is cut into three equal shares. Each living child gets one share. The share that would have gone to the dead child is split equally between his two grandchildren, so each grandchild gets half of that share.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 246 Per Stirpes Property Distribution

(a) Where a will, trust, or other instrument calls for property to be distributed or taken “in the manner provided in Section 246 of the Probate Code,” the property to be distributed shall be divided into as many equal shares as there are living children of the designated ancestor, if any, and deceased children who leave issue then living. Each living child of the designated ancestor is allocated one share, and the share of each deceased child who leaves issue then living is divided in the same manner. (b) Unless the will, trust, or other instrument expressly provides otherwise, if an instrument executed on or after January 1, 1986, calls for property to be distributed or taken “per stirpes,” “by representation,” or “by right of representation,” the property shall be distributed in the manner provided in subdivision (a). (c) If a will, trust, or other instrument executed before January 1, 1986, calls for property to be distributed or taken “per stirpes,” “by representation,” or by “right of representation,” the property shall be distributed in the manner provided in subdivision (a), absent a contrary intent of the transferor. (Enacted by Stats. 1990, Ch. 79.)

Last verified: January 11, 2026

Key Terms

representationinstrumentpropertyprobate codedistributionevidence

Related Statutes

  • § 288 Property Interest Disclaimer Rules
  • § 249.5 Posthumous Conceived Child Rights
  • § 249.6 Two-Year Distribution Freeze
  • § 1215 Delivery By Mail
  • § 1217 Default Service Method

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Probate Code. Section 246.
View Official Source