Pet Trust Laws


 

As of January 2016, 49 states plus the District of Columbia have enacted pet trust laws that pertain only to the pet trusts which are included in or otherwise enacted by mention in a will. The state that has not passed a pet trust law is Minnesota.

When a pet trust is included in a will, some states impose funding limits that permit the court during probate to reduce and/or redirect trust property determined to be in excess of the intended use set forth in the trust instrument.

This law does not pertain to the Pet Protection Agreement® pet trust and Freestanding pet trusts because neither of these go through probate.   

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 § 560:7-501
Year of Enactment: 2005

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

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 5/15.2
Year of Enactment: 2004

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
ALM GL ch. 203, § 3C
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. 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.

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:11-38
Year of Enactment: 2001

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, or at the end of 21 years, whichever occurs earlier.

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. § 55-544.08
Year of Enactment: 2005
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.

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. § 701.11
Year of Enactment: 1969
Amended: 1989

Summary of law: An “honorary trust” may be created for a non-charitable purpose where there is no definite human beneficiary as long as that purpose is not capricious. As a result, an honorary trust may be created for the care of an animal or animals.

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: 1/2016

The Pet Protection Agreement® pet trust
Created by Rachel Hirschfeld, the PPA is a check-the-box, fill in the blanks, legally enforceable contract between a minimum of two individuals or entities—the pet parent and the pet guardian. No attorney is required and it is valid in every state. (Currently available through Legalzoom.com)

Link to original article