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Pet trusts: Ensuring your pets are cared for after you’re gone

On Behalf of | Feb 3, 2025 | Estate planning

Even people who give estate planning necessary time and thought too often neglect to include their pets in their plans. Oftentimes, they assume they’ll outlive them or that someone in their family will take them.

Even if a relative or friend promises to take care of your animals after you’re gone, it’s still important to include provisions for them in your estate plan – and designate assets from your estate to go toward their care – including their vet bills. This can give you greater peace of mind and give your designated caregiver some direction and financial assistance in the event of your passing.

Anyone can include provisions for their animals in their estate plan. However, some states, including Arizona, have laws specifically concerning pet trusts. These laws can provide added protection for your animals and for your money, when compared to simply designating funds for pet care in your will.

What does Arizona law say?

Arizona’s law on pet trusts is fairly short. It states in part that:

  • The “property of the trust” (the assets in it) must be used only for the intended purposes unless the court rules otherwise.
  • The trust terminates upon the “death of the last surviving animal” covered under the trust.
  • Any assets remaining in the trust are to be distributed according to the settlor’s stated wishes or, if none are stated, according to state succession laws.

The language in a trust can be as general or specific as you choose. For example, you may set it up for a single pet if you don’t plan to get any more. If you plan to keep adopting animals for as long as you’re able to care for them, you can make it a more general trust to cover any animals licensed to you when you pass away.

Your designated caregiver

Choosing the right caregiver is crucial. It’s also important to have at least one alternate and maybe a rescue group (with their written permission) as a last resort. Sometimes there are unanticipated consequences to taking in someone’s animal that land too many “pet orphans” in animal shelters.

While you don’t need to provide detailed care instructions, it’s smart to include language about care and end-of-life matters for your animals. For example, you might say you intend for the guardian to provide all necessary and reasonable medical care for an animal for the remainder of their natural life.

This is just a brief overview of pet trusts in Arizona. Having experienced legal guidance can help you create a trust that helps ensure continued care for your companion animals if you can’t be there for them any longer.