How to Include Pets in Your Will (and Pet Trusts)

Can you leave money to your pet in a will?

No. The law treats animals as personal property, and property can't own property. The California Supreme Court made the point in 1968, when a woman left half of what remained of her estate to her dog, Roxy: "As a dog cannot be the beneficiary under a will ... the attempted gift to Roxy Russell is void" (Estate of Russell). That half went to her niece instead, even though the will had tried to limit what the niece received.

What you can do is give your pet to a person, give money to that person, or put money in a trust for your pet's care.

Should you leave money to a caregiver or create a pet trust?

An informal arrangement with a trusted friend can work. A pet trust gives "greater assurance by making the settlor's wishes legally enforceable," as an American Bar Association primer puts it, but it adds cost and complexity (ABA GPSolo, 2025). The same primer notes that a trust created during your life can cover a period of incapacity, while one created in your will starts only after your death and probate.

What do the uniform laws say about pet trusts?

Two model laws provide the foundation for state pet trust laws, though states have changed the details.

Uniform Probate Code §2-907. It says "a trust for the care of a designated domestic or pet animal is valid," and the trust ends when no covered animal is still alive. A person named in the trust, or one a court appoints, can enforce it. A court may reduce the amount if it "substantially exceeds the amount required." Leftover money goes where the trust says, or else under your will's residuary clause, or else to your heirs (Uniform Law Commission). It also tells courts to read pet gifts generously, to treat them as real trusts rather than mere wishes.

Uniform Trust Code §408. It allows a trust "to provide for the care of an animal alive during the settlor's lifetime," ending when the last covered animal dies. Anyone with "an interest in the welfare of the animal" can ask a court to appoint someone to enforce it. The money may be used only for its intended purpose, and a court can redirect any excess (Uniform Law Commission).

Do all 50 states allow pet trusts?

Yes. According to the ASPCA, "All 50 states plus the District of Columbia have a pet trust law," and Minnesota was the last to pass one, in 2016 (ASPCA). Michigan State University's Animal Legal & Historical Center reports the same as of 2026 (Animal Legal & Historical Center).

The details vary by state. Some examples:

• Connecticut requires every pet trust to name a "trust protector" to act for the animals, and the trustee must account to that person each year (Conn. Gen. Stat. §45a-489a).
• Minnesota limits enforcement of a pet trust to 90 years (Minn. Stat. §501C.0408).
• Some states cap pet trusts at 21 years, while most let them last for the animal's life, according to the ABA primer.

Check your state's page and its statute, or ask a local attorney.

How do you choose a caregiver and a backup?

• Ask first. Confirm the person is willing, and ask again every few years.
• Think about their life. Consider their age, health, housing rules, other pets and finances.
• Name at least one backup. The ABA primer suggests naming several caregivers, with a vetted animal charity as a final fallback.
• Consider a separate trustee. If you use a pet trust, naming someone other than the caregiver to manage the money adds a check. The ABA primer says that's "generally advisable."
• Write down care instructions. List your vet, food, medications, routines and your pet's microchip number. The ASPCA suggests identifying pets with photos or microchips (ASPCA Pet Trust Primer).
• Plan for the first few days. Give a neighbor a key, and carry a card saying you have pets at home.

How much money should you leave for your pet?

Start with yearly costs. The ASPCA's 2021 update estimates:

The yearly totals include food, routine vet care, preventive medication, pet health insurance, toys, treats and a license (ASPCA). These are 2021 figures, and your pet's needs may differ, so check current prices with your vet.

Then multiply by how many more years your pet may live, and add a cushion for emergencies, boarding and end-of-life care. For example, $1,400 a year for eight years is $11,200 before any cushion. If you use a pet trust, add the trustee's fees. Don't overshoot: a court can cut an amount that's far more than the care requires.

What happens to your pet if you don't plan?

Your pet passes like your other belongings, under your will's general terms or, with no will, your state's intestacy law. Whoever inherits doesn't have to keep it. Meanwhile your executor decides what happens day to day. The ABA primer warns that pets are "more likely to enter the shelter system if insufficient funds are left for their care."

If you use our free will builder, know that it doesn't write pet clauses or pet trusts. Its will gives your personal belongings, which would likely include a pet, to the people who inherit your estate, to divide as they agree or as your executor decides. To name a specific caregiver or leave care money, ask an attorney to add a pet clause or draft a pet trust.