Naming a Pet Guardian in Your Will or Trust

Many people are surprised to learn they can’t leave money or property to their pet. We often think of pets as family, and we’d like them to be treated that way. But the law says that animals are property, so when you think of estate planning for pets, you should:

• choose a pet guardian, and
• ensure the guardian you choose will have sufficient resources to care for them.

The easiest way to choose a guardian for your pets is to make an informal agreement with someone you trust to adopt them. This kind of arrangement will work as long as everyone involved agrees, but it can fall apart if circumstances change—for example, if you haven’t left funds to take care of them or the person who legally inherits them has different ideas.

A more secure way to name a guardian for your pet is to include them in your will or set up a pet trust. Both options let you choose someone you trust and leave money to help with your pet’s care. A will is simpler, while a trust gives you more control. In this article, we’ll cover pet clauses in a will, pet trusts, and tips for choosing the right guardian for your pets.

Including a Pet Clause in Your Will

It’s easy to use your will to name someone you trust to take care of your pets. You can also provide money to help with expenses and instructions for their care, but the new owner is not legally required to use the funds for them or follow your other wishes. If you want more control over their future, you will need to set up a pet trust, which is covered below.

If you want to add a pet clause to your will, follow these steps:

1. Choose your pet’s guardian. Your pet’s chosen caretaker is legally considered a beneficiary under your will. Before you finalize your choice, talk with them to make sure that they are willing to take on the responsibility of inheriting and caring for your pet.
2. Choose alternate caretakers. It’s a good idea to name one or more alternate beneficiaries who can take over as your pet’s guardian if your first choice can’t step up.
3. Leave funds for care. If you want to leave money to cover your pets’ needs, calculate the likely expenses involved. Include food, veterinary care, medications, grooming, boarding, and emergency funds over the expected lifespan for each pet. Keep in mind that, unless you make a pet trust, the caretaker won’t be legally required to spend the money on your pet.
4. Create a pet information sheet. Make a separate document that provides information about each pet and suggestions for their care. It’s best to make a separate document for this purpose and attach it to your will. That way, you don’t have to formally update your will each time you adopt or lose a pet, or if your directions change. Your pet information sheet can include each pet’s name, species, breed, health care needs, daily routines, veterinary contacts, and any final arrangements, such as cremation or burial in a special place.
5. Update your will as needed. After you finalize your will by signing it in front of witnesses as directed by state law, you’ll want to review it periodically and update it to reflect changes.

Using your will to designate a pet guardian and attaching detailed, easy-to-update instructions is a simple way to plan for pets’ needs. If you want to go a step further, consider a pet trust.

Setting Up a Pet Trust

Like a will, a pet trust allows you to name a pet guardian and set aside money for your pet’s care. The key difference is that a pet trust legally requires your chosen caretaker to follow the instructions you provide in the trust document. For many people, this safeguard isn’t essential because they trust their chosen pet guardian to honor their wishes. But a pet trust has other advantages as well. It can take effect after your death or during your lifetime if you become incapacitated. Because it is a trust, it doesn’t have to go through probate after you die, so the terms go into effect immediately. If you’re willing to do a little more work to establish these extra protections, a pet trust may be right for you.

When you create a pet trust fund, you’ll choose a trustee to manage it. The trustee handles the money and pays for your pet’s care. You can pick the same person to be both trustee and guardian, or choose different people for each job. Having one person is simpler, but having two can provide more oversight. The best choice depends on your needs and preferences.

Every state now allows pet trusts, but the rules can be different depending on where you live. To learn more, check your state’s laws. If you decide to set up a trust, it’s a good idea to work with an estate planning lawyer to make sure everything is done correctly.

Choosing a Pet Guardian

You may already know who your pet’s caretaker should be. If you’re unsure, here are some factors to consider:

1. Availability and willingness. Make sure the person you choose is able to assume the responsibility of caring for your pet. Your chosen caretaker should also be someone who will respect and follow your wishes for your pet’s care.
2. Experience. Your choice should be comfortable with animals and have an understanding of how to care for them, whether they are dogs, cats, birds, or frogs. It would be best if your pet guardian already has a relationship with your pets.
3. Living situation. Consider if the person’s home is a good fit for your pet. Is there enough room? Does their daily schedule work for your pet? Are there any issues with family members, other pets, or the landlord?
4. Health and age. It’s wise to choose someone whose age and health are appropriate for the needs and expected lifespan of your pet.
5. Financial situation. Even if you leave money for your pet’s care, a financially stable guardian will likely feel less pressure when taking on this responsibility.

As mentioned above, you should also choose at least one alternate pet guardian in case your first choice can’t serve. Be sure to talk with each of your choices before you finalize any arrangements.

If You Don’t Know Who to Name as Pet Guardian

If you can’t find anyone who is both willing and able to care for your pet after you’re gone, there are still options. Many programs across the country can help make sure your pet finds a loving home if you can’t be there for them.

• SPCA programs. The San Francisco SPCA pioneered a special service to place the pets of deceased members in new homes, and many other SPCAs now offer similar programs. Contact your local SPCA or similar animal welfare organizations for more information.
• Veterinary School Programs: Some veterinary schools accept pets whose owners provide substantial endowments. These programs typically offer lifelong veterinary care and a home for dogs and other pets. The list of schools offering such programs includes the University of California at Davis, Purdue University, Oklahoma State, and Texas A&M University.
• Private Organizations. Numerous private organizations also provide for pets after their owners’ passing. Some offer lifelong care at their facilities, while others work to find new homes. These organizations usually charge a flat fee, often a few thousand dollars. To find one near you, search for “pet lifetime care” along with your city, county, or state.

Before choosing one of these organizations or programs, take time to check their references. If you can, look up their record with the Better Business Bureau to make sure they are reliable and stable for the long term.

What Happens to Your Pets Without a Will?

If you don’t have a will or trust, state law decides who gets your pets, just like it does with your other property. Most of the time, your closest relatives—like your spouse, children, parents, or siblings—will be responsible. If no family member can take your pets, a friend or neighbor might step in, or your pets could end up in a shelter.

Without a plan, you have little say in your pets’ future. To ensure the future you want for them, it’s important to state your wishes in a legally binding document.

Learn More About Wills

Planning for your pets’ future is an essential part of responsible pet ownership. By naming a guardian in your will or establishing a pet trust, you can ensure that your companions are cared for according to your wishes. Taking these steps brings peace of mind and helps protect your pets, no matter what the future holds.

For more information about wills, see the following articles:

• How to Make a Will
• Why Do You Need a Will?
• What to Include in a Will: Assets and Property
• Naming a Child’s Guardian in Your Will

You can find out more about making WillMaker’s will and living trust in WillMaker’s Legal Manual.