Planning for Pets in a California Estate Plan

It is one of the more common questions we hear, and it is usually asked a little sheepishly, as though it might not be a serious estate planning topic. It is. For a great many people the animal in the house is a genuine dependent, and the question of what happens to that animal is as real as any other question in the plan.

The good news is that California law handles this well, and the planning involved is neither complicated nor expensive.

Why you cannot simply leave money to your dog

Under California law, animals are property. Property cannot own property, which means a pet cannot be a beneficiary in the ordinary sense and cannot hold or spend money.

This is why the well-meaning approach of writing into a will that a friend should receive $20,000 to look after the cat often produces a poor outcome. The friend receives the money outright. There is no legal obligation attached to it, no mechanism to make sure it is spent on the animal, and nothing to be done if the friend decides after two months that the arrangement is not working. The gift is enforceable. The care is not.

The same problem appears with an informal understanding among family members. Everyone agrees at the time, and then circumstances change, someone moves into an apartment that does not allow animals, or an allergy surfaces, and the arrangement quietly falls apart at exactly the moment the animal has nowhere else to go.

What California allows instead

Probate Code section 15212 establishes that a trust for the care of an animal is a trust for a lawful noncharitable purpose. In other words, California expressly permits a pet trust, and it sets out how one operates.

The structure has a few moving parts, and each one matters.

Duration

Unless the trust expressly provides otherwise, it terminates when no animal living on the date of the settlor’s death remains alive. The trust is tied to the animals alive when you pass away, which is worth keeping in mind if you expect the composition of your household to change.

Who enforces it

The trust can be enforced by a person designated for that purpose in the trust instrument, or, if none is designated, by a person appointed by a court. In addition, any person interested in the welfare of the animal, or any nonprofit charitable organization whose principal activity is the care of animals, may petition the court.

This enforcement mechanism is the entire reason a pet trust works where an outright gift does not. Someone other than the caretaker has standing to ask whether the animal is actually being cared for.

Accountings

The statute contemplates detailed accountings under Probate Code section 16062, provided to the beneficiaries who would be entitled to distribution if the animal were deceased, and to any qualifying nonprofit charitable corporation that requests them.

The $40,000 threshold

This is the provision that makes pet trusts practical for ordinary families. If the value of the assets in the trust does not exceed $40,000, no filing, report, registration, periodic accounting, separate maintenance of funds, appointment, or fee is required.

For most households that is the relevant category. A dog or a pair of cats with routine needs will generally fall well under that figure, which means the arrangement can be handled inside an existing revocable trust without creating an administrative burden for anyone.

Deciding how much to set aside

The honest answer is that it depends on the animal, and that both overfunding and underfunding cause problems.

Reasonable inputs include the animal’s expected remaining lifespan, ordinary food and routine veterinary care, grooming, boarding when the caretaker travels, and any existing medical condition that requires ongoing treatment or medication. Some animals, such as parrots and certain tortoises, can outlive the person planning for them by decades, which changes the analysis considerably.

Overfunding carries its own risk. A trust holding an amount far beyond what the animal could plausibly need invites a challenge from residual beneficiaries who believe the arrangement is unreasonable. Setting an amount that is generous but explainable, and naming where any remainder goes when the trust terminates, avoids most of that.

Choosing the caretaker, and a backup

This is the decision that determines whether the plan works. A few things are worth thinking through before naming anyone.

• Ask first. A person who learns of the responsibility after the fact may decline, and a plan with a caretaker who says no is a plan with no caretaker.
• Name at least one alternate. Circumstances change, and the person who is right today may not be available later.
• Consider whether the caretaker and the enforcer should be different people. Separating those roles gives the enforcement provision real meaning.
• Think about housing and household. Whether the person can keep an animal where they live, and whether there are existing pets, children, or allergies, matters more than good intentions.
• Consider a charitable organization as a final backstop. Some animal welfare organizations operate programs that accept animals under a planned arrangement, generally in exchange for a gift. Terms vary, and any such arrangement should be confirmed with the organization in advance.

Write down what the animal actually needs

The legal document handles authority and money. It does not, on its own, tell anyone how to care for the animal.

A short letter of instruction kept with the estate planning documents fills that gap. It typically covers the veterinarian’s name and contact information, current medications and conditions, food and feeding schedule, temperament and routines, whether the animal does well with other animals or children, microchip and registration details, and your wishes regarding end-of-life care.

This document is not binding, and it does not need to be. It is the practical knowledge that lives in your head and would otherwise be lost, and caretakers consistently report that it is the most useful thing they receive.

Where this fits in the plan

For most families, providing for a pet is a provision inside the revocable trust they already have rather than a separate instrument. It is a short set of paragraphs naming the caretaker, the successor caretaker, the person who can enforce the arrangement, the funding amount, and where any remainder goes.

It is also, for many people, the item that finally prompts them to update a plan that has been sitting untouched for years. That is a perfectly good reason to make an appointment.

About the Author

Goodman Estate Law is an Anaheim based estate planning firm serving families throughout Orange County, including Anaheim, Brea, Fullerton, Orange, Placentia, Santa Ana, Tustin, Villa Park, and Yorba Linda. Attorney Brett Goodman focuses his practice on wills, trusts, probate, and trust administration, and he helps families choose and prepare the right successor trustee.

Sources

• California Probate Code section 15212, trusts for the care of animals: https://california.public.law/codes/probate_code_section_15212
• Animal Legal and Historical Center, California Probate Code 15212: https://www.animallaw.info/statute/ca-trusts-%C2%A7-15212-trusts-care-animals-duration-requirements-accountings-beneficiaries

Goodman Estate Law

Brett J. Goodman is the founder and lead attorney at Goodman Estate Law, based in Laguna Hills, CA. The firm specializes in Estate Planning, Trust Administration, and Probate, helping individuals and families create or update wills and trusts. With a focus on personalized, compassionate, and professional guidance, Goodman Estate Law ensures clients’ assets and futures are protected during every stage of estate planning.