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 South 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 South Dakota Codified Laws (SDCL) § 55-1-13, a trust can be established specifically for the care of an animal or animals alive during the settlor's lifetime. The trust remains in effect for the life of the animal or until the trust is terminated. A trustee is appointed to manage the trust and use its assets solely for the benefit of the designated pet or pets. The trust can be enforced by a person appointed in the terms of the trust or, if no person is appointed, by an individual appointed by the court. South Dakota law ensures that the trust is used as intended and provides a legal mechanism to care for pets when their owners are no longer able to do so.