STATE OF THE STATES

State By State Pet Trust Statutes
Only For Wills

All 50 states plus the District of Columbia have statutes that cover animals and a pet trust included in, or otherwise enacted by mention in a Will. These state statutes restrict and hinder ongoing care for owned animals and family pets, and these laws vary between states so much so, that if a person dies in a state other than the one they lived in when they wrote their Will, the animals are at great risk.

These statutes do not have anything to do with the Pet Protection Agreement® pet trust or other stand-alone pet trusts.

The statutory pet trust in a Will is a dangerous barebones plan.

Below is a summary of every state's pet trust statute and the date it was passed.

The Pet Protection Agreement® pet trust, is valid in all 50 states and the District of Columbia.



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 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.

A.R.S. § 14-10408, (§ 14-2907) Year of Enactment: 2008, (1994) Amended: (2009)
Summary of law: The trust may be performed by the trustee for not longer than ninety years whether or not the terms of the trust contemplate a longer duration. Extrinsic evidence is admissible in determining the transferor’s intent.

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.

Cal Prob Code § 15212 Year of Enactment: 2008
Summary of law: The pet trust remains legally binding until the last animal dies, unless the Pet Owner provides otherwise.

Accountings must be given not only to those who would get assets when the last pet dies, but also to any nonprofit charitable corporation whose main activity supports animal care and is an interested party.

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.

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.

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.

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.

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.

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.

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 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. 

§ 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.

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 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.

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.

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.

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.

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.

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.

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.

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.

501C.0408 and an irrevocable inter-vivos trust created under this section subject to section 501C.1206 Year of Enactment: 2016
Summary of law: A trust may be created to provide for the care of an animal alive during the grantor’s lifetime. The trust terminates upon the death of the last surviving animal.

A trust authorized by this section may be enforced by a person appointed in the terms of the trust, or, If no person is appointed, then by a person appointed by a court.

The court may determine that the trust has excess funds for the intended use. If they so determine, then the trust passes to the grantor’s heirs at law.

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.

§ 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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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 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.

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.

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.

Rev. Code Wash. (ARCW) § 11.118.005 – 11.118.110 Year of Enactment: 2001
Summary of law: A 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.  

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

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.

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.




Last updated: 04/30/17