Pet Trust: How to Provide for Your Pets After You’re Gone

How to choose a caregiver, set money aside, and make sure your wishes are followed.

By No Brainer Forms Team Updated 3 min read

Key Takeaways

  • Legally, pets are property, so they can’t inherit money directly.
  • A pet trust sets aside money for your pet’s care and names a caregiver and a trustee to manage the funds.
  • Every state now allows pet trusts, which are enforceable in a way that a simple request in a will is not.
  • A simpler option is leaving your pet and some money to a caregiver in your will, but they aren’t legally required to spend it on the pet.
  • Also plan for emergencies: make sure someone can care for your pets if you’re hospitalized.

Why your pets need a plan

Millions of pets end up in shelters when their owners die or become unable to care for them. Even when family steps in, it’s often someone who didn’t expect the responsibility, or the cost. A little planning makes sure your pet goes to someone who wants them, with money to cover their care.

Your options

Leave your pet to someone in your will

You can leave your pet, plus a sum of money, to a named person. It’s simple, but the money becomes theirs outright: they have no legal obligation to spend it on your pet.

Create a pet trust

A pet trust is a legal arrangement in which you:

  • Set aside money or property for your pet’s care
  • Name a caregiver to look after the pet
  • Name a trustee to hold the money and pay for care (this can be the same person, but naming different people adds a check)
  • Write care instructions: diet, vet, routines, medical treatment and end-of-life decisions
  • Name who receives any leftover money when the pet dies

All 50 states and the District of Columbia have laws allowing pet trusts. Unlike a request in a will, a pet trust is enforceable: someone can go to court if the money isn’t being used for the pet.

Will vs. pet trust

Gift in a willPet trustInformal arrangement
Legally enforceable care?NoYesNo
Money set aside for the pet?Yes, but the caregiver owns itYes, held for the pet’s careNo
Care instructionsCan be stated, not enforcedWritten into the trust and enforceableVerbal only
Takes effectAfter probateWhen you die or become incapacitated, depending on the termsImmediately, if the person agrees
Covers incapacity?NoCan, if set up during lifePossibly
Ways to provide for a pet compared

How to set up a pet trust

  1. Choose a caregiver and an alternate. Ask first.
  2. Choose a trustee, if different from the caregiver.
  3. Estimate the cost of food, vet care, grooming, boarding and medication over the pet’s expected life. Leaving far more than needed can invite challenges from other heirs.
  4. Write detailed care instructions.
  5. Name a remainder beneficiary for leftover funds, such as a person or an animal charity.
  6. Fund the trust through your will, your living trust or a direct transfer.

Don’t forget emergencies

Pet trusts usually focus on death, but a hospital stay is far more common. Give a trusted friend a key, your vet’s details and written permission to care for your pets, and keep an emergency card in your wallet saying you have pets at home. Include your pets in your broader estate planning checklist.

Frequently asked questions

Can I leave money directly to my pet?

No. Pets are considered property under the law and can’t own money. A pet trust lets you set money aside for their care instead.

How much money should I put in a pet trust?

Estimate yearly costs for food, vet care, grooming and boarding, then multiply by your pet’s expected remaining life, with a cushion for medical emergencies. Courts can reduce amounts that are clearly excessive.

Who checks that the caregiver follows the trust?

The trustee pays for care and can hold the caregiver accountable. Many pet trust laws also let you name someone to enforce the trust.

What happens to leftover money when my pet dies?

It goes to the remainder beneficiary you name, such as a family member or an animal charity.

Can a pet trust cover more than one pet?

Yes. A single trust can cover all the animals you own when you die, including future pets if the trust is written that way.

Keep reading

Don’t leave your family guessing

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This guide is general educational information written by the No Brainer Forms Team. It is not legal advice, and No Brainer Forms is not a law firm. Laws and signing requirements vary by state; for advice about your situation, talk to a licensed attorney in your state.