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 California, pet owners can create a pet trust to ensure the care and well-being of their pets after the owner's death or incapacitation. Under California Probate Code sections 15212, pet trusts are legally recognized and allow for the designation of a trustee to manage the trust for the benefit of the named pet or pets. The trust can be funded with money or assets, and the trustee is responsible for using the trust's assets to care for the pet as specified in the trust agreement. The trust remains in effect for the lifetime of the pet or, if more than one pet is covered, until the death of the last surviving animal. California's pet trust law ensures that pets are provided for in a manner that the owner specifies, even though pets cannot legally own property or be direct beneficiaries of a will or trust.