Pet Trusts: How to Provide for Your Animals After You're Gone

For pet owners, one of the more uncomfortable realities of estate planning is that animals cannot be beneficiaries under a will or trust in the traditional sense. Georgia law treats pets as property. They cannot own assets, cannot inherit money, and cannot enforce their own rights. A will that says "I leave $50,000 for the care of my dog Biscuit" creates no legally enforceable obligation — the money goes to whoever receives the bequest, with no guarantee it will actually be used for the animal.

Georgia's pet trust law, codified at O.C.G.A. § 53-12-28, solves this problem. It allows pet owners to create a legally enforceable trust specifically for the care and support of one or more animals during their lifetimes. The trust holds funds and designates people responsible for both the animal's daily care and the management of the money — creating a structure with real legal teeth.

What Georgia Law Authorizes

Under O.C.G.A. § 53-12-28, effective since 2010, a trust may be created in Georgia for any animal or animals alive during the settlor's lifetime. The trust terminates upon the death of the covered animal, or — when multiple pets are included — upon the death of the last surviving animal. Any remaining funds in the trust at termination pass to whoever the trust designates as the contingent beneficiary.

Unlike some states, Georgia does not impose a maximum term on pet trusts, which matters for owners of long-lived animals such as horses, parrots, and tortoises. The trust simply runs as long as the animal lives.

A pet trust can be created as a separate standalone document or incorporated within a living trust or will. Including it within a living trust has the added benefit of keeping the pet care arrangements private and outside probate.

The Key Roles in a Pet Trust

A pet trust involves three distinct roles, each of which must be filled thoughtfully.

The grantor is the person who creates and funds the trust — typically the pet owner. They set the terms, fund the account, and designate the people responsible for carrying out the trust's purpose.

The trustee manages the financial side of the trust. The trustee holds the funds, makes payments to the caregiver, keeps records of expenditures, and monitors whether the care instructions are being followed. If the trustee has reason to believe the caregiver is not fulfilling their responsibilities adequately, they have the authority — and the obligation — to find a replacement caregiver.

The caregiver (sometimes called the pet guardian) is the person who physically takes possession of and cares for the animal. They receive periodic disbursements from the trustee to cover the pet's documented expenses. The trustee and caregiver can be the same person — which simplifies administration — or two separate individuals, which provides additional oversight and accountability.

Designating a Backup

For both the trustee and the caregiver, designating a backup is essential. If the primary caregiver predeceases the owner, declines the responsibility, or becomes unable to continue, the trust should identify a successor who can step in without any gap in the animal's care. Similarly, a successor trustee ensures there is always someone responsible for managing the funds.

What the Trust Should Include

A well-drafted pet trust goes beyond simply designating people and setting aside money. It should include the grantor's specific care instructions for each animal — dietary preferences, veterinary providers, exercise routines, grooming preferences, housing requirements, and any special medical needs. The more detail provided, the better positioned the caregiver is to maintain the pet's established lifestyle.

The trust should also specify how payments will be made — whether as a regular monthly stipend, reimbursement for documented expenses, or a combination — and what documentation the caregiver must provide to the trustee.

How Much to Fund a Pet Trust

Determining the appropriate funding level requires honest assessment of the animal's life expectancy, anticipated veterinary costs (including specialist care as the animal ages), daily care costs, boarding when necessary, and any existing health conditions that may require ongoing treatment. Over-funding a pet trust isn't problematic — the excess passes to the designated contingent beneficiary at the trust's termination — but under-funding risks depleting the trust before the animal's death.

For a healthy middle-aged dog, a trust funded with $20,000 to $50,000 may be reasonable depending on expected lifespan and care costs. For a horse, a parrot, or an animal with chronic health conditions, that figure may need to be substantially higher. Consulting a veterinarian about realistic long-term care projections is a useful step in arriving at an appropriate number.

Why a Pet Trust Is Better Than a Will Provision Alone

A will can name a caregiver and leave that person money — but it cannot legally bind them to use it for the pet's care, and a will requires probate before anyone receives anything. A pet trust, by contrast, is legally enforceable: the trustee has a fiduciary duty to ensure the funds are used as the trust directs, and the caregiver is accountable to the trustee. The trust also activates immediately upon the owner's incapacity, not just at death — providing continuity of care during a hospitalization or other emergency that a will alone cannot address.