Are spouses entitled to per stirpes distributions?

No. Think of 'per stirpes' distribution as distribution that follows a branch of a family by descent. For example, suppose William died and by the terms of his will William's estate was to be distributed in equal shares to his three daughters, Mary, Judith and Sarah 'per stirpes".

Mary received one-third. Judith received one-third. Sarah predeceased her father and left two living daughters, Paula & Janet. One other daughter, Samantha, had predeceased her mother (Sarah). Samantha left two sons, Sean and Patrick.


Sarah's one-third would be evenly divided between her three daughters: Paula, Janet and Samantha. Samantha's share would be evenly divided between her two sons: Sean and Patrick.


Although the formula may vary in different jurisdictions (some will divide the estate equally among all the living 'per stirpes' descendents) , no spouses would be included in the distribution.