STATE BY STATE PET TRUST STATUTES
ONLY FOR USE IN A WILL

+ 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: 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.

+ 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: 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.

+ 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.

+ Minnesota

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.

+ 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.

+ Southa 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: 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.

+ 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.