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 Washington State, pet owners can ensure the care of their pets after their passing by setting up a pet trust. Washington law recognizes pet trusts under RCW 11.118, which allows a pet owner to create a trust for the care of an animal that is alive during the owner's lifetime. The trust can be used to provide for the pet's care and outlines the duties of the trustee, who is responsible for managing the trust's assets and ensuring that the pet's needs are met as specified in the trust agreement. The trust remains in effect for the lifetime of the pet or, if it covers more than one pet, for the lifetime of the last surviving animal. 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.