Gen 206 Estates Other than Wills

We all like to find wills. Other estate records can be far more valuable. We can generally find (1) wills; and (2) estate administrative documents relatively easily. What you really want to find is division of (1) land; and (2) property, i.e. slaves; and (3) distributions of cash. This tells you who the heirs are, whether or not there is a will.

What is Per Stirpes Distribution?

Per Stirpes. The method of dividing the estate among the lineal descendants of a person who dies intestate. An estate of a decedent is distributed per stirpes, if each branch of the family is to receive an equal share of an estate. When the heir in the first generation of a branch predeceased the decedent, the share that would have been given to the heir would be distributed among the heir's issue (children) in equal shares.

This example only covers a man who dies intestate with lineal descendants. Let’s say John Smith had 5 children, two of which predeceased him. Of the living children, one was a minor. One predeceased child left 3 children. The second predeceased child left 2 children. Each living child would receive 1/5 of the estate. The three children of the first predeceased child would each receive 1/15 of the estate (1/5 * 1/3). The two children of the second predeceased child would each receive 1/10 of the estate (1/5*1/2). By default, testate estates are divided per stirpes as well unless per capita is specified in the will. If per capita is used, each grandchild would each receive 1/25 of the estate (1/5 * 1/5).

Note: Analyzing per stirpes distributions is simply a matter of using math and fractions. For example, let us assume you have reviewed a number of Annual Returns and determine each living child received approximately $362.85 each and that there are other distributions of $90.65, $49.05 and $41.23 each. Remember, there are very often minor variations. You divide $90.65 into $362.85 and you get 4.0028. Rounding down to 4 and inverting that number equals a fraction of 1/4. That means a child died with 4 surviving children who each received 1/4th of a child’s share. You divide $49.05 into $362.85 and you get 7.39. Rounding down to 7 and inverting that number equals a fraction of 1/7. That means a second child died with 7 surviving children who each received 1/7th of a child’s share. Notice, you are not getting too hung up on the amounts coming out exact. Lastly, you divide $41.23 into $362.85 and you get 8.80. Rounding up to 9 and inverting that number equals a fraction of 1/9. That means a third child died with 9 surviving children who each received 1/9th of a child’s share. If you are lucky, you will have receipts that identify the deceased children and which of each of the grandchildren are associated with each deceased child. If there are surviving great grandchildren whose parent and grandparent are deceased, then the math gets more difficult and the analysis can get very interesting and even more probative as to relationships. For example, you can only find three receipts in the amount of $90.65, but you find three more receipts in the amount of $30.22 each. This means that one of the grandchildren who was to have received $90.65 had died and his share was divided among his three children.

The above is a simple example. Be aware that the rules change over time. Sometimes it is a lot more complex. For example, Virginia has different rules for Slaves and other Personal Property vs. Real Estate. Sometimes the widow gets a child’s share. If a person dies without a spouse or children, his or her siblings inherit; and siblings of the half blood get a half share.

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