Pet Owners and Probate: Why Your Home Needs a Trust

For most pet owners, their animal isn't just a companion. They're family. And for many, the home itself is a critical part of that care, providing the stability, routine, and environment a pet depends on every day.

But here's something most pet owners don't think about: if something happens to you, your pet has no legal ability to inherit your home or any of your assets. Without a plan in place, your pet's living situation, caregiver, and daily routine could all be disrupted while a court sorts out your estate.

According to Trust & Will's 2025 Estate Planning Report, 62% of Americans believe pets deserve the same level of importance as humans in estate plans. Yet more than 60% of Americans still don't have a will, let alone a trust. That gap between intention and action can leave your pet vulnerable.

Why Pets Are Often Overlooked in Estate Planning

Most people think of estate planning in terms of family members, finances, and property. Pets rarely enter the conversation, even though they depend entirely on their owners for shelter, food, and medical care.

Without clear legal instructions, there's no guarantee that your pet will end up with someone you trust, in an environment that works for them. And if your home is tied up in probate, the person stepping in to care for your pet may not have access to the space, supplies, or resources your pet needs.

Probate Delays and Housing Instability

When a homeowner passes away without a trust, the home typically enters the probate process. On average, probate can take 20 months to resolve, and during that time, your home could be frozen as a court asset.

For a pet, that kind of disruption isn't just inconvenient. It can mean being relocated to a temporary home, separated from familiar surroundings, or placed in the care of someone who wasn't your first choice. In more difficult situations, pets may end up in shelters while the estate is sorted out.

None of this happens because of bad intentions. It happens because of a lack of planning.

How a Trust Ensures Immediate Authority

A Revocable Living Trust solves this problem by allowing your chosen successor trustee to step in right away, without waiting on a court. Because a trust bypasses probate entirely, there's no freeze on your home and no gap in decision-making authority.

This means the person you've designated can immediately take over your home, care for your pet, and access the resources you've set aside for their needs. There's no guesswork, no delay, and no court involvement.

You maintain full control of your home and your trust during your lifetime. Nothing changes until it needs to.

Pairing a Home Trust with Pet Care Instructions

A trust protects the legal transfer of your home, but it works even better when paired with clear instructions about your pet's care. While a Revocable Living Trust isn't the same as a formal pet trust (which is a separate legal arrangement available in some states), you can use your estate plan to document your wishes and designate the right people.

Consider including details like your pet's daily routine and dietary needs, your preferred caregiver and an alternate, veterinary information and medical history, and any funds you'd like set aside for their ongoing care.

When your trust and your care instructions work together, you're creating a complete plan that protects both your home and the animals who depend on it.

How to Start Protecting Your Home and Your Pet

If your pet is part of your family, they deserve to be part of your plan. Here's how to get started:

1. Think about who you'd trust. Choose someone who knows your pet, understands their needs, and is willing to take on the responsibility. Have that conversation now, not later.

2. Choose the right plan. Our Trust Plan includes a Revocable Living Trust, a Last Will and Testament, Power of Attorney, Advance Health Care Directive, and more. It's a comprehensive estate plan built by attorneys and customized by you.

3. Create a free account. You can begin the process today at trustandwill.com. Our guided platform walks you through every step with clarity and care.

To get the full benefit and value of your trust, your property will need to be retitled in the name of the trust. We offer multiple options to help you transfer the title of your home through our Deed Transfer service.

If you have questions about how to structure care for your pet alongside your home and other assets, our Attorney Support service connects you with a vetted estate planning attorney for personalized guidance.

Your pet relies on you for everything. A trust makes sure that if you're not there, the people and the home your pet depends on are protected and ready.

Trust & Will makes estate planning simple so you can create a customized, state-specific plan from the comfort of your own home. Take our free quiz to discover which estate plan best fits your needs today, to secure your family’s future.

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