Estate Planning For Pets

For many of us, pets are family. That’s why estate planning for pets is so important. By naming a guardian and setting aside resources for their care, you can ensure your furry (or feathered) loved ones are safe and provided for—no matter what the future holds.

How to Include Pets in Your Estate Plan

Including pets in your estate plan is a thoughtful way to make sure they’re cared for if something happens to you. Here’s how you can do it:

• Name a Pet Guardian: Choose a trusted person to care for your pet and include their name in your Will or Trust.

• Set Aside Funds: Leave money specifically for your pet’s care to help cover food, vet visits and other expenses by specifying an amount in your Will. Grant these funds to your pet’s designated guardian along with a clause requesting the funds be used for pet care. (Note that in a Will alone, this specification will not be legally binding). 

• Create a Pet Trust: A Pet Trust is a legally enforceable way to detail how your pet should be cared for and how the funds should be used.

• Leave Clear Instructions: With any option you can include care preferences like diet, routines, and medical needs so your pet's new guardian knows exactly what to do.

How to Set up a Trust for Pets

Setting up a Pet Trust is a simple yet powerful way to ensure your pet is cared for exactly as you intend. Here’s how to do it:

1. Choose a Trustee: Select someone you trust to manage the funds and ensure your pet is cared for according to your wishes. This can be the same person as the caregiver, or someone else for added oversight.

2. Name a Caregiver: Appoint the person who will have physical custody of your pet and provide daily care. Make sure they’re willing and able to take on the responsibility by discussing the topic with them first.

3. Set Aside Funds: Estimate the cost of your pet’s care, including food, grooming, vet visits, and emergencies. Then allocate a reasonable amount of money in the trust to cover those expenses.

4. Outline Care Instructions: Detail your pet’s routines, preferences, dietary needs, medical history, and anything else that would help the caregiver maintain your pet’s quality of life.

5. Work With a Professional: A Pet Trust is a legally binding document, so it’s helpful to create it through a reliable platform like Trust & Will. While we do not currently offer a Pet Trust, you can still provide for your pet through our Living Trust. We’ll walk you through the process and ensure it complies with your state’s laws.

With a Pet Trust in place, you can rest easy knowing your loyal companion will be loved and looked after—no matter what.

Trust & Will currently does not offer this product or service. However, we are always expanding and improving upon our platform to better serve our members.

What are the limitations on a pet trust?

There are a few limitations associated with a Pet Trust. This type of Trust can only provide for pets that you currently have, meaning you cannot create a Pet Trust to designate care for all future animals you adopt. Instead, you must update the Pet Trust with any new pets you want included. 

Courts have the authority to reduce the amount of money placed in a Pet Trust if it’s deemed excessive compared to the cost of care. There are several famous stories of celebrities dedicating millions to their pet’s care through estate planning. However, the final amount can be reallocated by a judge according to state law. 

A Pet Trust also ends when your pet passes away, and any remaining funds must pass to a named beneficiary. If you do not name one when creating the trust, the leftover funds will be distributed to state law. When estate planning as a pet owner, it is important to consult your state’s laws to ensure your wishes will be followed. If properly set up, a Pet Trust can be an excellent tool in ensuring your pets receive the care and love they are used to.

Should I have a pet trust?

If your pet is a meaningful part of your life, a Pet Trust can be one of the most thoughtful ways to ensure they’re protected—no matter what happens. It’s especially valuable if you have a pet with a long lifespan, like a bird or tortoise, or if your pet has specific medical or behavioral needs that require consistent care. For pet parents without an obvious caregiver lined up, a Pet Trust can provide legal clarity and help avoid confusion or disputes among family members.

Even if you have someone in mind to care for your pet, a Pet Trust allows you to leave detailed instructions and allocate funds for their care. This can give you confidence that your wishes will be followed and your pet will be looked after just as you intended. If your pet is part of your family, including them in your estate plan is a thoughtful way to honor that bond.

How to Choose a Pet Guardian

Choosing a pet guardian is an important decision that deserves thoughtful consideration. Start by identifying someone you trust—someone who genuinely cares about your pet and is capable of providing consistent, loving care. Think about their lifestyle, availability, and willingness to take on the responsibility, both emotionally and financially (if funds you leave were to run out).

It’s essential to have an open conversation with your chosen guardian before naming them in your estate plan. Make sure they understand what the role entails and are fully on board. You may also want to name a backup guardian, just in case your first choice is unable to step in when needed. 

What if you don't make a plan?

If you don’t create an estate plan that includes your pets, their care could be left to chance. Pets are legally considered property, so they will not automatically go to someone who knows or loves them. In some cases, they could be placed with a relative who isn’t prepared—or worse, end up in a shelter.

Without clear instructions, even the most well-meaning friends or family members may not know what to do or how to meet your pet’s specific needs. Including your pets in your estate plan ensures they’ll be safe, cared for, and loved—just like you intended. Estate planning for pets is a simple way to protect them, no matter what the future holds.

Trust & Will makes it easy to create an estate plan that includes customized care instructions, guardianship and designated funds for your pets. Start today and protect your furry family members with confidence. 

At Trust & Will, we keep things simple. You can create a fully customizable, state-specific estate plan from the comfort of your own home. Take our free quiz to see where you should get started, or compare our different estate planning and settlement  options today!

Is there a question here we didn’t answer? Browse more topics in our learn center, visit our Frequently Asked Questions (FAQ) page,  or chat with our member support!

Trust & Will is an online service providing legal forms and information. We are not a law firm and we do not provide legal advice.