(2-709) Per capita at each generation - Representation - Per stirpes
N.D. Cent. Code § 30.1-09.1-09
in effect30.1-09.1-09. (2-709) Per capita at each generation - Representation - Per stirpes
1. In this section:
a. "Deceased child" or "deceased descendant" means a child or a descendant who
either predeceased the distribution date or is deemed to have predeceased the
distribution date under section 30.1-09.1-02.
b. "Distribution date", with respect to an interest, means the time when the interest
is to take effect in possession or enjoyment. The distribution date need not occur
at the beginning or end of a calendar day, but can occur at a time during the
course of a day.
c. "Surviving ancestor", "surviving child", or "surviving descendant" means an
ancestor, a child, or a descendant who neither predeceased the distribution date
nor is deemed to have predeceased the distribution date under section
30.1-09.1-02.
2. If a governing instrument calls for property to be distributed "per capita at each
generation", the property is divided into as many equal shares as there are surviving
descendants in the generation nearest to the designated ancestor which contains one
or more surviving descendants and deceased descendants in the same generation
who left surviving descendants, if any. Each surviving descendant in the nearest
generation is allocated one share. The remaining shares, if any, are combined and
then divided in the same manner among the surviving descendants of the deceased
descendants as if the surviving descendants who were allocated a share and their
surviving descendants had predeceased the distribution date.
3. If an applicable statute or a governing instrument calls for property to be distributed "by
representation" or "per stirpes", the property is divided into as many equal shares as
there are surviving children of the designated ancestor and deceased children who left
surviving descendants. Each surviving child is allocated one share. The share of each
deceased child with surviving descendants is divided in the same manner, with
subdivision repeating at each succeeding generation until the property is fully allocated
among surviving descendants.
4. For the purposes of subsections 2 and 3, an individual who is deceased and left no
surviving descendant is disregarded, and an individual who leaves a surviving
ancestor who is a descendant of the designated ancestor is not entitled to a share.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t30-1c09-1.pdf#nameddest=30p1-09p1-09Fetched: 10/16/2026