October 17, 2025
If your pets are family—and for many Americans they are—your last will and testament should reflect that. Well‑drafted pet provisions in a will do three things: (1) they identify a caretaker and an alternate willing to provide a permanent home; (2) they provide a funding mechanism that’s realistic for veterinary care, food, and contingencies; and (3) they make administration simple for your executor so there’s no gap in care when emotions and logistics are at their hardest. This is a practical, U.S.‑only guide to planning for companion animals with sample wording you can adapt in a state‑specific will.
Start with people, not paperwork. The ideal caretaker is someone who (a) loves animals, (b) lives in a pet‑friendly home, (c) understands your pet’s routines and temperament, and (d) is truly willing to commit. Ask directly—“If something happens to me, could you take Max permanently?”—and give them the opportunity to say no gracefully. It’s better to move to your alternate now than to discover reluctance later.
Considerations lawyers flag for clients:
Stability and capacity: Work hours, travel, housing, and whether the caretaker has other pets.
Compatibility: Dogs and cats that coexist well today may not adjust to a new home with different animals.
Location: If keeping your pet near current vets or family support matters, weigh that.
Longevity: Macaws, tortoises, and some cats can live decades; plan accordingly.
Name a primary caretaker and at least one alternate caretaker in your will. If you’re thinking of nominating a couple, specify what happens if they separate or if only one is able to serve.
You have two main pathways: a simple bequest or a pet trust.
A bequest gives a specific amount of money to the caretaker “for the care of any pet or companion animal I own at my death.” It’s easy to draft and administer. You’re trusting the caretaker to use the funds as intended. Most families choose this route.
How much? Add annual costs—food, routine vet visits, groomers, medications, boarding—then multiply by a conservative life expectancy. Add a cushion for age‑related care (dental, arthritis, imaging) and emergencies. For multiple pets, fund accordingly or include a “remain together if feasible” request.
Many states expressly recognize pet trusts. A pet trust names a trustee to manage money for the animal’s benefit and can reimburse a caretaker for expenses. It’s more structured: the trustee pays from the trust for veterinary care, food, grooming, training, and boarding. When the last pet dies, any remaining funds pass to a named remainder beneficiary (often a family member or animal charity).
Choose a trustee who is financially competent, responsive, and prepared to coordinate receipts from the caretaker. The caretaker and trustee can be the same person, but separating the roles creates checks and balances.
Precision prevents disputes and delays. Identify pets as “any pet or companion animal I own at my death” plus specific names and descriptions if you have only one or two animals. If you have a changing menagerie, keep the wording broad and rely on a letter of wishes for day‑to‑day details (feeding, medication, behavior notes).
Sample bequest clause (adapt to your facts):
“I give $[amount] to [Caretaker’s Full Legal Name], to be used for the care of any pet or companion animal I own at my death. If [Caretaker] does not survive me or is unwilling or unable to accept my pets, I give such amount to [Alternate’s Full Legal Name] for the same purpose. It is my wish that my pets remain together if feasible.”
Sample pet trust language (high‑level concept, not a full trust):
“I direct my Executor to distribute $[amount] to the [Your Name] Pet Care Trust, to be held and administered by [Trustee’s Name] for the benefit of any pet or companion animal I own at my death. The Trustee may reimburse reasonable costs of food, veterinary care (including emergency and specialty care), grooming, boarding, training, and other necessities. Upon the death of my last surviving pet, any remaining funds shall be distributed to [Remainder Beneficiary/Charity].”
Your online workflow should let you include one of these approaches or both (primary/alternate).
Even the best clause fails if the executor can’t act quickly. Provide (outside the will) a one‑page sheet listing your pet’s vet, microchip number, medications, and emergency contacts (caretaker and alternate). Store it with your will. Tell your executor and caretaker where to find it. Consider granting your executor explicit authority to access digital accounts for pet insurance and prescription portals (often covered under general digital‑assets powers referencing state statutes modeled on RUFADAA).
No alternates. Always name an alternate caretaker (and trustee if using a trust).
Underfunding. Older animals often need more care; don’t set an arbitrary amount.
Too‑rigid restrictions. Don’t micromanage food brands or vet choices in the will; use a letter for preferences and allow judgment.
No coordination with housing. If you rent or have HOA rules, make sure a caretaker’s home can accommodate pets.
Forgetting the “rest of life” plan. Provide for end‑of‑life decisions and remains in your letter of wishes so the caretaker isn’t guessing.
A thoughtful pet plan won’t matter if your will is invalid. Sign with two adult witnesses per your state‑specific will rules, add a self‑proving affidavit before a notary where available, and store the original at home where your executor can find it immediately. If you use a pet trust, ensure the trust is properly executed and that your executor knows how to fund it.
If your caretaker moves, your pet develops a chronic condition, or you adopt another animal, update your letter of wishes and, if needed, your funding amount. For small changes (e.g., swapping a caretaker), a codicil can amend the will; for larger changes, sign a new will.
Add pet provisions the right way: Online Last Will & Testament → /product/online-last-will/
Want probate avoidance for major assets? Online Revocable Living Trust → /product/online-living-trust/