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 North Dakota, pet owners can create a trust to ensure the care and well-being of their pets after the owner's death or incapacitation. Under North Dakota Century Code Section 59-12-01 through 59-12-08, a pet trust is a legally recognized arrangement that allows for the financial support of one's pets. The trust can be created specifically for the care of an animal alive during the owner's lifetime and it remains in effect until the last surviving animal passes away. The trust should detail instructions for the care of the pet, designate a trustee to manage the trust's assets, and provide funds to be used for the pet's benefit. The trustee is responsible for using the trust assets to pay for the pet's expenses, such as food, veterinary care, and other needs. This legal tool ensures that pets are cared for according to the owner's wishes and that the resources set aside for their care are used appropriately.