Because the law considers pets personal property and not human beings, pets cannot own property, and a pet owner cannot leave money or assets to a pet in a will or a trust. But a pet owner can provide for the care and well-being of a pet or pets in a traditional trust or in a statutory pet trust (authorized under a state’s statutes).

For example, the pet owner (known as the grantor, settlor, or trustor) will create a trust for a named pet or pets (the beneficiary or beneficiaries of the trust), place money or income-producing assets in the trust and name a trustee to manage and administer the trust for the benefit of the pet or pets, as provided in the trust agreement.

For a brief summary of each state’s pet trust laws and the state statutes where you can find them, copy and paste this URL in your internet browser: https://www.aspca.org/pet-care/pet-planning/pet-trust-laws

In Arkansas, pet owners can create a trust to ensure the care and well-being of their pets after the owner's death or incapacitation. Arkansas law recognizes pet trusts, allowing a pet owner to designate a trustee to manage the trust and use its assets for the benefit of the designated pet or pets. The trust can be specifically tailored to address the needs of the pet, including food, shelter, veterinary care, and other expenses related to the pet's well-being. The relevant state statute that provides for the creation of pet trusts in Arkansas can be found under Arkansas Code Annotated § 28-73-408. This statute outlines the legal framework for the establishment and administration of pet trusts, ensuring that the pet's needs are met in accordance with the owner's wishes as expressed in the trust agreement.