 | |
Pet Trusts Laws
If your state is not listed below, no current legislation exists in your state for pet trusts. For your options, please visit our Alternative Options section.
Alabama - Code of Ala. § 19-3B-110
Date of Enactment 2006
Summary of law: The trust terminates upon the death of the last surviving animal alive during settlor’s lifetime.
Alaska -Alaska Stat. § 13.12.907
Date of Enactment: 1996
Summary of law: The trust is valid for up to 21 years, whether or not the terms of the trust contemplate a longer duration. The trust terminates when a living animal is not covered by the trust.
Arizona -A.R.S. § 14-2907
Date of Enactment: 1995
Summary of law: The trust is valid for up to 21 years, whether or not the terms of the trust contemplate a longer duration. The trust terminates when no living animal is covered by the trust.
Arkansas -A.C.A. § 28-73-408
Date of Enactment: 2005
Summary of law: Trust terminates upon the death of the animal or upon the death of the last surviving animal alive during settlor’s lifetime.
California -Cal Prob Code § 15212
Date of Enactment: 2008
Summary of Law: Unless expressly provided in the trust, trust terminates when no animal living on date of settlor's death remains alive.
Colorado -C.R.S. 15-11-901
Date of Enactment: 1995
Summary of law: Unless the trust instrument provides otherwise, trust terminates when no living animal and/or offspring in gestation is covered by the trust.
Connecticut - Ct. ALS 169
Date of Enactment: 2009
Summary of law: The trust terminates upon the death of the last surviving animal alive during the settlor’s or testator’s lifetime. The trust shall designate a trust protector whose sole duty is to act on behalf of the animal(s).
Delaware - 12 Del. C. § 3555
Date of Enactment: 2008
Summary of Law: The trust terminates upon the death of all animals living at the trustor's death and covered by the terms of the trust.
District of Columbia -§ 19-1304.08
Date of Enactment: 2003
Summary of law: The trust terminates upon the death of the animal or upon the death of the last surviving animal alive during settlor’s lifetime.
Florida -Fla. Stat. § 736.0408
Date of Enactment: 2007
Summary of law: The trust terminates upon the death of the animal or upon the death of the last surviving animal alive during settlor’s lifetime.
Hawaii- HRS § 560:7-501
Date of Enactment: 2005
Summary of law: Trust terminates when no living animal is covered by the trust.
Idaho -Idaho Code § 15-7-601
Date of Enactment 2005
Summary of law: A “purpose trust” which by definition does not need a beneficiary may be created for the care of an animal. The trust is enforceable upon the terms set forth in the trust hence the trust may terminate upon the death of the last surviving animal.
Illinois- 760 Ill. Comp. Stat. 5/15.2
Date of Enactment: 2005
Summary of law: The trust terminates when no living animal is covered by the trust.
Indiana- Ind. Code § 30-4-2-18
Date of Enactment: 2005
Summary of law: The trust terminates upon the death of the animal or upon death of last surviving animal alive during settlor’s lifetime.
Iowa- Iowa Code § 633.2105
Date of Enactment: 2000
Summary of law: The trust is valid for up to 21 years whether or not the terms of the trust contemplate a longer duration. The trust terminates when no living animal is covered by the trust.
Kansas- K.S.A. § 58a-408
Date of Enactment: 2003
Summary of law: The trust terminates upon the death of the animal or last surviving animal alive during settlor’s lifetime.
Maine- 18-b M.R.S. § 408
Date of Enactment: 2006
Summary of law: The trust terminates upon the death of the animal or last surviving animal alive during settlor’s lifetime.
Maryland - Md. Estates & Trusts Code Ann. § 14-112
Date of Enactment: 2009
Summary of law: The trust terminates upon the death of the last surviving animal alive during the settlor's lifetime.
Michigan- MCLS § 700.2722
Date of Enactment: 2000
Summary of law: The trust is valid for up to 21 years, whether or not the terms of the trust contemplate a longer duration. The trust terminates when no living animal is covered by the trust.
Missouri -Mo. Rev. Stat. 456.4-408
Date of Enactment: 2004
Summary of law: Trust terminates upon the death of the animal or upon the death of the last surviving animal alive during settlor’s lifetime.
Montana- Mont. Code Anno. § 72-2-1017
Date of Enactment: 1993
Summary of law: The trust is valid for up to 21 years, whether or not the terms of the trust contemplate a longer duration. The trust terminates when no living animal is covered by the trust.
Nebraska -Neb. Rev. Stat. § 30-3834
Date of Enactment: 2005
Summary of law: The trust terminates upon the death of the animal or last surviving animal alive during settlor’s lifetime.
Nevada- Nev. Rev. Stat. Ann § 163.0075
Date of Enactment: 2001
Summary of law: The trust terminates upon the death of all animals covered by the terms of the trust who were alive at time of settlor’s death.
New Hampshire- N.H. Rev. Stat. Ann. § 564-B:4-408
Date of Enactment: 2004
Summary of law: The trust terminates upon the death of the animal or last surviving animal alive during settlor’s lifetime.
New Jersey- N.J. Stat. § 3B:11-38
Date of Enactment: 2001
Summary of law: The trust terminates when no living animal is covered by the trust, or at the end of 21 years, whichever occurs earlier.
New Mexico- N.M. Stat. Ann. § 45-2-907
Date of Enactment: 1995
Summary of law: The trust is valid for up to 21 years, whether or not the terms of the trust contemplate a longer duration. The trust terminates when no living animal is covered by the trust.
New York- NY CLS EPTL § 7-8.1
Date of Enactment: 1996
Summary of law: The trust terminates when no living animal is covered by the trust, or at the end of 21 years, whichever occurs earlier.
North Carolina- N.C. Gen. Stat. § 36C-4-408
Date of Enactment: 2005
Summary of law: The trust terminates at the death of the animal or last surviving animal alive when the trust was created.
North Dakota- N.D. Gen. Stat. § 59-12-08
Date of Enactment: 2007
Summary of law: The trust terminates at the death of the animal or last surviving animal alive when the trust was created.
Ohio -ORC Ann. 5804.08
Date of Enactment 2006
Summary of law: The trust terminates upon the death of the last surviving animal alive during settlor’s lifetime.
Oregon- ORS § 130.185
Date of Enactment: 2005
Summary of law: The trust terminates at the death of the animal or the last surviving animal alive during the settlor’s lifetime.
Pennsylvania- 20 Pa.C.S. § 7738
Date of Enactment: 2006
Summary of law: The trust terminates at the death of the animal or last surviving animal alive during settlor’s lifetime.
Rhode Island- R.I. Gen. Laws § 4-23-1
Date of Enactment 2005
Summary of law: The trust terminates at the death of the animal or last surviving animal alive during settlor’s lifetime.
South Carolina- S.C. Code Ann. § 62-7-408
Date of Enactment: 2005
Summary of law: The trust may provide for animals alive or ingestation during settlor’s lifetime and terminates upon the death of the last surviving animal.
South Dakota- S.D. Codified Laws § 55-1-21
Date of Enactment 2006
Summary of law: The trust terminates when no living animal is covered by the trust.
Tennessee- Tenn. Code Ann. § 35-15-408
Date of Enactment: 2004
Summary of law: The trust may not be enforced for more than 21 years. The trust terminates upon the death of the animal or upon the death of the last surviving animal.
Texas- Tex. Prop. Code § 112.037
Date of Enactment: 2005
Summary of law: The trust terminates upon the death of the animal or the last surviving animal alive during settlor’s lifetime.
Utah- Utah Code Ann. § 75-2-1001
Date of Enactment: 1998
Summary of law: The trust is valid for up to 21 years, whether or not the terms of the trust contemplate a longer duration. The trust terminates when no living animal is covered by the trust.
Virginia- Va. Code Ann. § 55-544.08
Date of Enactment 2006
Summary of law: The trust terminates upon the death of the animal or the last surviving animal alive during settlor’s lifetime.
Washington- Wash. Rev. Code § 11.118.020
Date of Enactment: 2001
Summary of law: The trust terminates when no animal that is designated as a beneficiary of the trust remains living.
Wisconsin- Wis. Stat. § 701.11
Date of Enactment: 1969
Summary of law: A trust can be created for a non charitable purpose where there is no definite human beneficiary as long as that purpose is not capricious.
Wyoming- Wyo. Stat. § 4-10-409
Date of Enactment: 2003
Summary of law: Trust terminates upon the death of the animal or upon the death of the last surviving animal alive during settlor’s lifetime.
Alternative Options
If your state has not enacted a pet trust law and/or you are interested in what else you can do to plan for the care of an animal, please review the options available below.
Option 1: Life Trust
Pet owners have the option of creating a living trust for their pets. Such a trust appoints a caretaker and creates a monetary gift for the caregiver, conditioned on their continued care of the pet owner’s animal in the event of the pet owner’s death. If the conditions are not met, the money in the trust will go back to the pet owner’s estate and will not be given to the caretaker.
Option 2: Will
Pet owners have the option of putting a provision in their will for the care of their pets. Such provisions designate a caretaker and commonly set aside an amount of money with a request for the money to be used by the caretaker in the care of the pets. Pet ownerss can provide alternative caretakers if the original is unable or unwilling to accept the animals and can designate temporary guardians for pets while estate issues are being settled.
Caveat when using Option 2: Unlike a trust arrangement for the care of a pet, there is no continuing obligation for the executor under a will to see to the well being of the pet once the administration of an estate is complete. The integrity and moral commitment of the caregiver will be your only assurance that the pet’s care will continue. Therefore, choose your primary caregiver and alternate caregiver, wisely.
Option 3
Consider making arrangements with a humane society, animal rescue group or animal “rest home” to take possession and care of your pet. You should review the type of care offered by each organization, its facility and staff as well as the costs associated with that care.
(Note: The Date of Enactment is the day the law was passed by the state legislature.
The effective date is the day the new law actually goes into effect. This date could be
several weeks or months after the date of enactment.)
Donate Today
