The Fine Print: Planning for Pets in your Estate Plan

For most of us, pets are family. They’re part of our daily lives, our routines, and our homes. So it can feel uncomfortable to learn that, as far as the law is concerned, pets are considered property—similar to other personal belongings such as vehicles or furniture.

As much as I dislike pointing it out, this classification matters when it comes to estate planning. Loving our pets and acknowledging how the law treats them are not mutually exclusive—we simply need to navigate it properly.

Why Pets Can't Inherit Money Directly.

Because pets are considered property under the law, they cannot legally own assets or inherit money. That means you can’t leave money directly to your dog, cat, parrot, alligator, or other companion.

Without specific planning, pets are typically transferred like other personal property, with their care often determined through informal arrangements, handshakes, or verbal promises. Sometimes this works—but it also has the potential to create confusion or disagreement, especially when estate funds are used for veterinary care, grooming, or other ongoing needs.

How Pet Trusts (Pet Subtrusts) work in Arizona

In Arizona (and many other states), pet planning is commonly handled through a pet subtrust, which is a dedicated provision within a larger trust.

These pet subtrusts allow you flexibility to:

• Set aside funds specifically for your pet's care

• Name a caregiver to physically care for the pet

• Name a trustee to manager and distribute the funds

• Provide written instructions for care, routines, and medical needs

The role of the pet trustee is important. The trustee ensures that the money set aside for your pet is used solely for the pet and in accordance with the instructions you’ve provided. This creates structure, accountability, and clarity—while still honoring the emotional importance of your pet.

When the pet passes away, the trust can also specify how any remaining funds are distributed.

What if I Don't Have a Trust and Only Have a Will?

Not everyone chooses—or needs—to create a trust. The good news is that pets can still be addressed in a will, though the process works differently.

In a will, you can name someone to receive your pet and leave money to that person for the pet’s care. However, once the money is distributed, there is typically no ongoing oversight to ensure it’s used specifically for the pet. In practice, it functions as a gift to the caregiver, who can use the funds as they see fit.

For some families, this approach is sufficient. For others—especially when care may last many years—a trust-based option can provide additional peace of mind.

Planning with Care

While it may feel harsh that the law treats pets as property, thoughtful estate planning allows us to reflect how much we truly care about them. Pet trusts aren’t about being impersonal—they’re about making sure a beloved companion continues to be cared for when we’re no longer able to do so ourselves.

We handle pet provisions regularly and can often include them as part of an estate plan depending on your situation. If you have questions or would like to discuss you

r options, feel free to give us a call or schedule a consultation.

“The Fine Print” is a short educational series covering common—but often overlooked—estate planning details that can make a meaningful difference.