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 will | Pet trust | Informal arrangement | |
|---|---|---|---|
| Legally enforceable care? | No | Yes | No |
| Money set aside for the pet? | Yes, but the caregiver owns it | Yes, held for the pet’s care | No |
| Care instructions | Can be stated, not enforced | Written into the trust and enforceable | Verbal only |
| Takes effect | After probate | When you die or become incapacitated, depending on the terms | Immediately, if the person agrees |
| Covers incapacity? | No | Can, if set up during life | Possibly |
How to set up a pet trust
- Choose a caregiver and an alternate. Ask first.
- Choose a trustee, if different from the caregiver.
- 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.
- Write detailed care instructions.
- Name a remainder beneficiary for leftover funds, such as a person or an animal charity.
- 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
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.
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.
The trustee pays for care and can hold the caregiver accountable. Many pet trust laws also let you name someone to enforce the trust.
It goes to the remainder beneficiary you name, such as a family member or an animal charity.
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
- Estate Planning Checklist: The Documents Everyone NeedsA plain-English estate planning checklist: the will, living will, powers of attorney and other documents everyone needs, plus what to organize and when to update.
- What Is a Living Will? How It Works and What to IncludeA living will records your wishes about life-sustaining treatment if you can't speak for yourself. Learn what it covers, when it applies and how it differs from a will.
- Living Will vs. Advance Directive: What’s the Difference?An advance directive is the umbrella term; a living will is one type. Learn how living wills, health care powers of attorney and advance directives fit together.
- Will vs. Trust: Which Do You Need?Compare a will and a revocable living trust on probate, privacy, cost and control. Learn when a will is enough and when a trust makes sense.
- What Happens If You Die Without a Will?If you die without a will, state intestacy law decides who inherits, who manages your estate and who raises your kids. Here's what typically happens.
- Funeral Planning Checklist: How to Plan AheadA step-by-step funeral planning checklist: burial or cremation, the service, costs, paperwork and how to make sure your family can find your wishes in time.
- How to Avoid Probate: 6 Common StrategiesProbate can be slow, public and costly. Learn six common ways to pass assets directly to your heirs, from beneficiary designations to a living trust.
- How to Choose an Executor for Your Will (and What They Do)Your executor carries out your will. Learn what an executor does, who makes a good choice, and the mistakes to avoid when naming one.
Don’t leave your family guessing
Put your health care wishes in writing with a living will, HIPAA release and medical authorization. The No Brainer Box adds a last will, a revocable trust and health care and financial powers of attorney.
- Answer a few simple questions online
- Download your completed, ready-to-sign forms
- Sign them and keep copies in your account
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.