Pet Trust Laws

All 50 states plus the District of Columbia have a pet trust law. Minnesota was the last state to enact a pet trust law in 2016.

Note: Some states impose funding limits for pet trusts that permit the court to reduce and/or redirect trust property determined to be in excess of the intended use set forth in the trust instrument. Please consult your state's full pet trust statute or a licensed attorney for further information.
 

Alabama
Code of Ala. § 19-3B-408
Year of Enactment: 2006
Summary of law: A trust may be created for the care of an animal or animals alive during the settlor’s lifetime. The trust terminates upon the death of the animal, or upon the death of the last surviving animal covered by the trust.

Alaska
Alaska Stat. § 13.12.907
Year of Enactment: 1996
Summary of law: A trust may be created for the care of a designated domestic or pet animal. The trust terminates when no living animal is covered by the trust, or at the end of 21 years, whichever occurs earlier.

Arizona
A.R.S. § 14-10408, (§ 14-2907)
Year of Enactment: 2008, (1994)
Amended: (2009)
Summary of law: A trust may be created for the care of an animal or animals alive during the settlor’s lifetime. The trust terminates upon the death of the animal, or upon the death of the last surviving animal covered by the trust.

Arkansas
A.C.A. § 28-73-408
Year of Enactment: 2005
Summary of law: A trust may be created for the care of an animal or animals alive during the settlor’s lifetime. The trust terminates upon the death of the animal, or upon the death of the last surviving animal covered by the trust.

California
Cal Prob Code § 15212
Year of Enactment: 2008
Summary of law: A trust may be created for the care of an animal or animals alive during the settlor’s lifetime. Unless the trust instrument provides otherwise, the trust terminates upon the death of the animal, or upon the death of the last surviving animal covered by the trust.

Colorado
C.R.S. 15-11-901
Year of Enactment: 1994
Amended: 1995
Summary of law: A trust may be created for the care of designated domestic or pet animals and the animals’ offspring in gestation. Unless the trust instrument provides otherwise, the trust terminates when no living animal is covered by the trust. The determination of the “animals’ offspring in gestation” is made at the time the designated domestic or pet animals become present beneficiaries of the trust.

Connecticut
Conn. Gen. Stat. § 45a-489a
Year of Enactment: 2009
Summary of law: A trust may be created for the care of an animal or animals alive during the settlor’s or testator’s lifetime. The trust terminates upon the death of the last surviving animal covered by the trust. The trust shall designate a “trust protector” whose sole duty is to act on behalf of the animal or animals.

Delaware
12 Del. C. § 3555
Year of Enactment: 2006
Amended: 2008
Summary of law: A trust may be created for the care of one or more specific animals alive during the trustor’s lifetime. The trust terminates when no living animal is covered by the trust.

District of Columbia
D.C. Code § 19-1304.08
Year of Enactment: 2004
Summary of law: A trust may be created for the care of an animal or animals alive during the settlor’s lifetime. The trust terminates upon the death of the animal, or upon the death of the last surviving animal covered by the trust.

Florida
Fla. Stat. § 736.0408
Year of Enactment: 2006
Summary of law: A trust may be created for the care of an animal or animals alive during the settlor’s lifetime. The trust terminates upon the death of the animal, or upon the death of the last surviving animal covered by the trust.

Georgia
O.C.G.A. § 53-12-28
Year of Enactment: 2010
Summary of law: A trust may be created for the care of an animal or animals alive during the settlor’s lifetime. The trust terminates upon the death of the animal, or upon the death of the last surviving animal covered by the trust.

Hawaii
HRS § 554D-408 (replaces HRS § 560:7-501, which was enacted in 2005)
Year of Enactment: 2021
Summary of law: A trust may be created for the care of one or more designated domestic or pet animals. The trust terminates when no living animal is covered by the trust.

Idaho
Idaho Code § 15-7-601
Year of Enactment: 2005
Amended: 2020
Summary of law: A “purpose trust” may be created for a non-charitable purpose where there is no beneficiary. As a result, a purpose trust may be created for the care of an animal or animals. 

Illinois
§760 ILCS 3/408 (replaced § 760 ILCS 5/15.2, which was enacted in 2004)
Year of Enactment: 2020
Summary of law: A trust may be created for the care of one or more designated domestic or pet animals. The trust terminates when no living animal is covered by the trust.

Indiana
Ind. Code Ann. § 30-4-2-18
Year of Enactment: 2005
Summary of law: A trust may be created for the care of an animal or animals alive during the settlor’s lifetime. The trust terminates upon the death of the animal, or upon the death of the last surviving animal covered by the trust.

Iowa
Iowa Code § 633A.2105
Year of Enactment: 1999
Summary of law: A trust may be created for the care of an animal alive during the settlor’s lifetime. The trust terminates when no living animal is covered by the trust.

Kansas
K.S.A. § 58a-408
Year of Enactment: 2002
Summary of law: A trust may be created for the care of an animal or animals alive during the settlor’s lifetime. The trust terminates upon the death of the animal, or upon the death of the last surviving animal covered by the trust.

Kentucky
KRS § 386B.4-080
Year of Enactment: 2015
Summary of law: A trust may be created for the care of an animal or animals alive during the settlor’s lifetime. The trust terminates upon the death of the animal, or upon the death of the last surviving animal covered by the trust.

Louisiana
9:2263
Year of Enactment: 2015
Summary of law: A trust may be created for the care of an animal or animals alive during the settlor’s lifetime. The trust terminates upon the death of the animal, or upon the death of the last surviving animal covered by the trust.

Maine
18-B M.R.S. § 408
Year of Enactment: 2003
Summary of law: A trust may be created for the care of an animal or animals alive during the settlor’s lifetime. The trust terminates upon the death of the animal, or upon the death of the last surviving animal covered by the trust.

Maryland
Md. Estates and Trusts Code Ann. § 14-112
Year of Enactment: 2009
Summary of law: A trust may be created for the care of an animal or animals alive during the settlor’s lifetime. The trust terminates upon the death of the animal, or upon the death of the last surviving animal covered by the trust.

Massachusetts
M.G.L.A. 203E § 408 (replaces ALM GL ch. 203, § 3C, which was enacted in 2010)
Year of Enactment: 2012
Summary of law: A trust may be created for the care of an animal or animals alive during the settlor’s lifetime. Unless the trust instrument provides otherwise, the trust terminates upon the death of the animal, or upon the death of the last surviving animal covered by the trust.

Michigan
MCLS § 700.2722
Year of Enactment: 1998
Amended: 2009
Summary of law: A trust may be created for the care of a designated domestic or pet animal. The trust terminates when no living animal is covered by the trust, or at the end of 21 years, whichever occurs earlier.

Minnesota
Minn. Stat. §501C.0408
Year of Enactment: 2016
Summary of law: A trust may be created for the care of an animal or animals alive during the settlor’s lifetime. The trust terminates upon the death of the animal or animals covered by the trust, or 90 years, whichever is shorter.

Mississippi
Miss. Code Ann. § 91-8-408
Year of Enactment:  2015
Summary of law: A trust may be created for the care of an animal or animals alive during the settlor’s lifetime. The trust terminates upon the death of the animal, or upon the death of the last surviving animal covered by the trust.

Missouri
§ 456.4-408 R.S.Mo.
Year of Enactment: 2004
Summary of law: A trust may be created for the care of an animal or animals alive during the settlor’s lifetime. The trust terminates upon the death of the animal, or upon the death of the last surviving animal covered by the trust.

Montana
Mont. Code Anno., § 72-2-1017
Year of Enactment: 1993
Amended: 1995
Summary of law: A trust may be created for the care of a designated domestic or pet animal. The trust terminates when no living animal is covered by the trust, or at the end of 21 years, whichever occurs earlier.

Nebraska
R.R.S. Neb. § 30-3834
Year of Enactment: 2003
Summary of law: A trust may be created for the care of an animal or animals alive during the settlor’s lifetime. The trust terminates upon the death of the animal, or upon the death of the last surviving animal covered by the trust.

Nevada
Nev. Rev. Stat. Ann. § 163.0075
Year of Enactment: 2001
Summary of law: A trust may be created for the care of one or more animals alive during the settlor’s lifetime. The trust terminates when no living animal is covered by the trust.

New Hampshire
RSA 564-B:4-408
Year of Enactment: 2004
Summary of law: A trust may be created for the care of an animal or animals alive during the settlor’s lifetime. The trust terminates upon the death of the animal, or upon the death of the last surviving animal covered by the trust.

New Jersey
N.J. Stat. § 3B:31-24 (replaces N.J. Stat. § 3B:11-38, which was enacted in 2010)
Year of Enactment: 2015
Summary of law: A trust may be created for the care of a domesticated animal. The trust terminates when no living animal is covered by the trust.

New Mexico
N.M. Stat. Ann. § 46A-4-408, (§ 45-2-907)
Year of Enactment: 2003, (1995)
Summary of law: A trust may be created for the care of an animal or animals alive during the settlor’s lifetime. The trust terminates upon the death of the animal, or upon the death of the last surviving animal covered by the trust.

New York
NY CLS EPTL § 7-8.1
Year of Enactment: 1996
Amended: 2010
Summary of law: A trust may be created for the care of a designated domestic or pet animal. The trust terminates when the animal beneficiary or beneficiaries of such trust are no longer alive.

North Carolina
N.C. Gen. Stat. § 36C-4-408
Year of Enactment: 1995
Amended: 2005, 2006
Summary of law: A trust may be created for the care of one or more designated domestic or pet animals alive at the time of the creation of the trust. The trust terminates upon the death of the animal, or upon the death of the last surviving animal covered by the trust.

North Dakota
N.D. Cent. Code, § 59-12-08
Year of Enactment: 2007
Summary of law: A trust may be created for the care of an animal or animals alive during the settlor’s lifetime. The trust terminates upon the death of the animal, or upon the death of the last surviving animal covered by the trust.

Ohio
ORC Ann. 5804.08
Year of Enactment: 2006
Summary of law: A trust may be created for the care of an animal or animals alive during the settlor’s lifetime. The trust terminates upon the death of the animal, or upon the death of the last surviving animal covered by the trust.

Oklahoma
60 Okl. St. § 199
Year of Enactment: 2010
Summary of law: A trust may be created for the care of designated domestic or pet animals. Unless the trust instrument provides otherwise, the trust terminates when no living animal is covered by the trust.

Oregon
ORS § 130.185
Year of Enactment: 2005
Summary of law: A trust may be created for the care of an animal or animals alive during the settlor’s lifetime. The trust terminates upon the death of the animal, or upon the death of the last surviving animal covered by the trust.

Pennsylvania
20 Pa.C.S. § 7738
Year of Enactment: 2006
Summary of law: A trust may be created for the care of an animal or animals alive during the settlor’s lifetime. The trust terminates upon the death of the animal, or upon the death of the last surviving animal covered by the trust.

Rhode Island
R.I. Gen. Laws § 4-23-1
Year of Enactment: 2005
Summary of law: A trust may be created for the care of an animal or animals alive during the settlor’s lifetime. The trust terminates upon the death of the animal, or upon the death of the last surviving animal covered by the trust.

South Carolina
S.C. Code Ann. § 62-7-408
Year of Enactment: 2005
Summary of law:  A trust may be created for the care of an animal or animals alive or in gestation during the settlor’s lifetime, whether or not alive at the time the trust is created. The trust terminates upon the death of the last surviving animal covered by the trust.

South Dakota
S.D. Codified Laws § 55-1-21, § 55-1-22, § 55-1-23
Year of Enactment: 2006
Summary of law: A trust may be created for the care of a designated animal. The trust terminates when no living animal is covered by the trust.

Tennessee
Tenn. Code Ann. § 35-15-408
Year of Enactment: 2004
Amended: 2007
Summary of law: A trust may be created for the care of an animal or animals alive during the settlor’s lifetime. The trust terminates upon the death of the animal, or upon the death of the last surviving animal covered by the trust.  However, the trust is not valid for more than 90 years.

Texas
Tex. Prop. Code § 112.037
Year of Enactment: 2005
Summary of law: A trust may be created for the care of an animal or animals alive during the settlor’s lifetime. The trust terminates upon the death of the animal, or upon the death of the last surviving animal covered by the trust.

Utah
Utah Code Ann. § 75-2-1001
Year of Enactment: 1998
Amended: 2003
Summary of law: A trust may be created for the care of a designated domestic or pet animal. The trust terminates when no living animal is covered by the trust.

Vermont
14A V.S.A. § 408
Year of Enactment: 2009
Effective: 2012
Summary of law: A trust may be created for the care of an animal or animals alive during the grantor’s lifetime. The trust terminates upon the death of the animal, or upon the death of the last surviving animal covered by the trust.

Virginia
Va. Code Ann. § 64.2-726 (replaces Va. Code Ann. § 55-544.08, which was enacted in 2005)
Year of Enactment: 2019
Amended: 2006
Summary of law: A trust may be created for the care of an animal or animals alive during the settlor’s lifetime. The trust terminates upon the death of the animal, or upon the death of the last surviving animal covered by the trust. Funds from the trust may be applied to any outstanding expenses of the trust and for burial or other post-death expenditures for animal beneficiaries as provided for in the instrument creating the trust.

Washington
Rev. Code Wash. (ARCW) § 11.118.005 – 11.118.110
Year of Enactment: 2001
Summary of law:  trust may be created for the care of one or more animals.  Unless the trust instrument provides otherwise, the trust terminates when no living animal is covered by the trust. However, the trust is not valid for more than 150 years.  

West Virginia
W. Va. Code § 44D-4-408
Year of Enactment: 2011
Summary of law: A trust may be created for the care of an animal or animals alive during the settlor’s lifetime. The trust terminates upon the death of the animal, or upon the death of the last surviving animal covered by the trust.

Wisconsin
Wis. Stat § 701.0408 (replaces Wis. Stat. § 701.11, which was enacted in 1969)
Year of Enactment: 2013
Summary of law: A trust may be created to provide for the care of an animal alive during the settlor’s lifetime. The trust terminates upon the death of the animal or, if the trust was created to provide for the care of more than one animal alive during the settlor’s lifetime, upon the death of the last surviving animal.

Wyoming
Wyo. Stat. § 4-10-409
Year of Enactment: 2003
Summary of law: A trust may be created for the care of an animal or animals alive during the settlor’s lifetime. The trust terminates upon the death of the animal, or upon the death of the last surviving animal covered by the trust.

(The Year of Enactment is the year the law was passed by the state legislature)

Last updated: 9/2023