Including Pets in Your Estate Plan: Ensuring a Safe Future for Your Animal Companions

When you think about estate planning, your mind may jump to your house, bank accounts, investments, and family heirlooms. Yet for many of us, the most precious “property” we own isn’t property at all in the traditional sense—it’s our pets. Dogs, cats, birds, rabbits, horses, and other animal companions share our lives and routines, providing affection and companionship that can’t be quantified. Because animals are legally considered property, they cannot inherit money or assets directly, and without proper planning, they risk ending up with someone who may not know them or want them. Including pets in your estate plan is therefore essential to ensure that they continue to receive the love, care, and stability they’ve always known.

Why Pets Need Estate Planning

The law doesn’t recognize animals as beneficiaries, which means you can’t leave your pet a bank account or trust them to use it responsibly. If you die without specifying a plan for your pets, the legal system treats them like any other item of personal property. They may pass to the person who receives your residuary estate, or, if you have no will, they may follow the line of intestate succession. Even if you assume a family member will step in, their circumstances may change or they may not share your commitment to animal care. In the worst cases, pets are surrendered to shelters or abandoned because no one claims them. High-profile examples, like the contested trusts of famous hotelier Leona Helmsley and the enduring legend of million-dollar dogs and chimps, highlight both the possibilities and pitfalls of pet inheritances. While few of us have the resources to leave eight-figure sums to our animals, we can and should plan to provide for their basic needs and comfort.

Choosing Caregivers and Guardians

Estate planning for pets begins with identifying the right people. Ideally, you should name both an emergency caregiver and a long-term guardian. The emergency caregiver is someone who can step in immediately if you’re incapacitated or unexpectedly hospitalized. Leave this person clear instructions for feeding, veterinary care, and access to your home. Share your veterinarian’s contact information and any special routines, and make sure they know where you keep leashes, carriers, food, and medicines. A wallet card or note on your refrigerator can alert first responders to your pets’ existence and provide contact information for the emergency caregiver.

For long-term care, choose a permanent guardian who is willing and able to provide the type of home your pet is accustomed to. Different animals have different needs; a large dog may thrive in a suburban house with a yard, while a cat may be content in a downtown apartment. Talk openly with potential guardians about your expectations, your pet’s temperament, and the time and financial commitment involved. If you have multiple pets, decide whether they should stay together or whether separate homes might be best for their well-being. Because life circumstances change, name alternate guardians in case your first choice can’t fulfill the role when the time comes.

Options for Providing Care: Wills vs. Pet Trusts

There are two primary ways to formalize your wishes: a simple bequest in a will or a dedicated pet trust. A will can transfer ownership of your pet to your chosen guardian and leave that person a sum of money to cover food, veterinary bills, and other expenses. This arrangement is straightforward and inexpensive to set up, but it relies on the guardian’s honor. Once the money passes to the guardian, there is no legal requirement to spend it on your pet’s care. If a guardian decides to pocket the funds or allocates them elsewhere, there’s no recourse.

A pet trust provides more structure and accountability. In a pet trust, you transfer ownership of the animal and set aside funds specifically for their care. You appoint a trustee to manage the money and a separate caregiver to handle day-to-day responsibilities. The trust document outlines your care instructions—what food the animal eats, how often they see the vet, whether they should stay in your home or move elsewhere. It also names someone with standing to enforce the trust and ensures that any remaining funds after the pet’s death go to a charity or person of your choosing. Pet trusts can take effect upon your death or if you become incapacitated, providing continuity of care when it’s needed most. They are available in every state, but they are more expensive and may require ongoing management fees. Once established, a trust is less flexible if circumstances change, so it’s important to revisit and update it periodically.

Building a Care Plan: Instructions and Funding

Pets thrive on routine and familiar environments, and the more detail you provide in your estate plan, the better the chance your animals will adapt smoothly. Think about every aspect of your pet’s daily life—food, treats, exercise, grooming, and social interaction. Specify any special diets, medications, allergies, or quirks that a new caretaker should know. Document veterinary history, including immunizations, chronic conditions, and preferred veterinarians, and attach this information to your trust or will. If your pet is a species with a particularly long lifespan, such as a parrot or horse, you may need to provide for decades of care.

Determining how much money to set aside requires some calculation. Review your annual expenses for food, grooming, veterinary care, boarding, toys, and insurance, if any. Multiply those expenses by the expected lifespan of your pet, adjusting for age and health. Add a cushion for unexpected emergencies or price increases. For animals with specialized needs or exotic species, costs can be higher. After estimating the necessary amount, decide where any leftover funds should go. Some pet owners designate a charity or animal rescue, while others leave remaining funds to family members. By doing the math ahead of time, you minimize disputes and ensure that your pet’s needs are met without inflaming tensions among heirs.

Naming a Trustee and Successor

In a pet trust, the trustee holds the purse strings. This person does not have to be the same individual who provides daily care, and often it’s better if they’re different. A trustee’s primary responsibility is fiduciary: managing the trust funds prudently and distributing them to the caregiver according to your instructions. Choose someone you trust implicitly and who understands the responsibilities involved. Discuss your intentions with potential trustees and provide them with detailed guidance. Also name at least one successor trustee in case your original choice declines or becomes unable to serve. Without a successor, the court may have to appoint a trustee, leading to delays and additional expenses. Similarly, name alternate caregivers for the animals. Contingency planning ensures your pet’s welfare even if your preferred choices change their minds.

Avoiding Pitfalls

Famous pet inheritance stories often make headlines because of their extravagance or oddity, but they also contain valuable lessons. In the Helmsley case, the courts reduced Trouble the dog’s inheritance from $12 million to $2 million and distributed the excess to human heirs, in part because the amount was deemed unreasonable. Overly large bequests can invite challenges and may be viewed as capricious or disproportionate. If you intend to disinherit human heirs or leave them a smaller share than expected, include a no‑contest clause to deter litigation. Meanwhile, failing to name backup trustees or guardians can create confusion and legal battles if your first choice declines. To avoid these pitfalls, approach your pet planning with the same care you give to other parts of your estate plan: be clear, reasonable, thorough, and fair.

Another common mistake is to rely solely on informal arrangements. Telling a friend or relative “I want you to take my dog” without putting it in writing invites disputes or misunderstandings. Likewise, naming an animal shelter or rescue organization as your pet’s permanent home may not work if the organization lacks resources or has policies against long-term boarding. If you adopted your pet from a rescue, check whether your adoption contract requires the animal to be returned to that organization; plan accordingly. Finally, don’t forget to address what happens if your pet becomes ill or reaches the end of its life. You can include instructions for euthanasia decisions, cremation, or burial. Although these topics are difficult to contemplate, they provide guidance and comfort to your chosen caregivers.

Integrating Pets into Your Overall Estate Plan

Estate planning is holistic. Your pets are part of your household, and planning for them should align with your broader financial and family objectives. A pet trust should coordinate with your will and any living trusts, and it should comply with state laws governing trust formation and fiduciary access to property. Review your plan every few years or whenever your circumstances change: if you acquire new pets, move across state lines, or your relationships evolve, update your documents. Keep copies of your will and trust accessible to your executor, trustees, and guardians, and store critical information such as your pet’s health records and care instructions in a secure but discoverable place. Working with an estate planning attorney experienced in pet trusts can help you navigate these issues and draft documents that reflect your values and priorities.

Conclusion

For many of us, pets are family. They rely on us for food, shelter, medical care, and love, and they deserve the same thoughtful planning we give our human loved ones. By including pets in your estate plan, you ensure that they will be cared for by someone you trust, with the resources necessary to maintain their well-being. Whether you choose a simple will that entrusts your animal to a loved one with a modest stipend or a comprehensive pet trust that sets aside dedicated funds and specifies detailed care, your planning provides peace of mind for you and security for your companions. Just as importantly, it speaks to the depth of the bond you share. Don’t leave your pet’s future to chance—plan now so that your animal companions will always have a loving home and the quality of life they deserve.