Finance

What Happens to Your Pet If You Don’t Include Them in Your Estate Plan

Brad Bascom

Pets aren’t just property—they’re family. Yet according to the American Pet Products Association, fewer than 20% of pet owners have made formal arrangements for their animals in their estate plans. It’s an oversight with heartbreaking consequences. Each year, thousands of cats and dogs are surrendered to shelters after an owner’s death or incapacity, often because no clear instructions or legal provisions were left behind.

In an era where Americans spend over $136 billion annually on their pets, it’s striking how few safeguard their future care. As more families treat pets as dependents, one question deserves urgent attention: what really happens if you don’t include your pets in your estate plan?

When Pets Get Left Behind

When an owner passes away without naming a legal caretaker, their pet becomes part of the estate—classified as personal property. This means the animal’s fate falls to whoever is managing the estate or, in some cases, to the court itself. If no one steps forward, local animal control or shelters may take custody.

The ASPCA warns that pets can languish for weeks in limbo while probate drags on. Even when family members want to help, conflicting claims or financial burdens can lead to disputes. If an executor follows the will strictly and the pet isn’t mentioned, the animal may legally pass to whoever inherits personal property—whether or not they can or want to care for it.

According to Best Friends Animal Society, this happens more often than most people think: “Every year, healthy, loved pets are relinquished to shelters simply because their owners didn’t have a plan.” Without legal authority or funding to support the animal’s care, good intentions often fall apart.

Why Wills Aren’t Enough

Many pet owners assume naming a caretaker in their will is enough. Unfortunately, wills are often slow to execute, and until probate is complete, those provisions aren’t enforceable. That delay can leave pets in temporary custody—or worse, abandoned.

Estate planners emphasize that a properly structured pet trust offers a far more reliable solution. 

A pet trust allows an owner to designate:

  • A caretaker (the person who will care for the pet)
  • A trustee (who manages the funds for the pet’s care)
  • Funds for expenses (food, veterinary costs, and emergency care)

Unlike informal promises, a pet trust is legally binding. The ASPCA notes that these trusts can be created as standalone documents or embedded within a broader estate plan. They also ensure that if your first choice for caretaker can’t serve—due to health, relocation, or finances—a backup plan is in place.

Equally important, not all states treat pet provisions the same way. For example, some states limit the duration of pet trusts to the animal’s lifetime, while others impose caps on how much money can be allocated. Working with an attorney familiar with your state’s rules is essential to ensure the plan is enforceable.

The Ripple Effect on Family and Legacy

Beyond the immediate impact on the animal, neglecting to plan for a pet’s care can create unnecessary tension among surviving family members. Loved ones may disagree over who should take the pet—or who should pay for its care. In some cases, heirs contest the will itself, arguing that funds intended for a pet should revert to human beneficiaries.

The emotional strain can be profound. Imagine your pet of ten years being shuffled between family members or, worse, surrendered because no one can agree—or afford—to keep them. As Bascom Law notes, this isn’t just a pet issue—it’s a legacy issue. Proper planning communicates care, foresight, and respect for both human and animal loved ones.

How to Prevent Problems Before They Start

Pet estate planning isn’t just about affection—it’s about responsibility. Here’s how to avoid costly and painful outcomes:

  1. Designate a legal caretaker and backup. Never assume a family member will step in. Get written consent and include the names in your estate documents.
  2. Set aside funds for care. Even modest amounts can cover food, grooming, and medical costs. Tie those funds to the pet’s lifetime.
  3. Create a pet trust. This ensures your wishes are legally enforceable and the money is used solely for your pet’s benefit.
  4. Keep records accessible. Provide care instructions—diet, vet info, medications—to your trustee and attorney.
  5. Review annually. Update your documents after major life events, or when you add a new pet to the family.

Taking these steps turns a vague wish (“someone will take care of my pet”) into a binding, compassionate plan that protects both the pet and your peace of mind.

Conclusion

When it comes to estate planning, ignoring your pet’s future isn’t just a minor oversight—it can be the difference between comfort and crisis. Without legal provisions, your beloved animal could end up in a shelter or under court supervision. The good news? Solutions exist. From pet trusts to funded caretaker designations, planning today ensures your companion stays safe and cared for tomorrow.

Because for most of us, pets aren’t property—they’re part of the family. And like family, they deserve a plan.

To learn more about how to plan for your pet’s future, visit BascomLaw.com or call 770-285-5493 to schedule a consultation.

Sources

Charles Schwab
ASPCA – Pet Trust Primer
Best Friends Animal Society
FACE Foundation

Brad Bascom is an associate attorney at Bascom Law, P.C., a boutique estate planning law and elder law firm. He helps individuals and families achieve peace of mind through their planning. In addition to representing clients, Brad shares his expertise teaching professionals in all matters of estate planning, including revocable trusts, wills, powers of attorney, and probate avoidance strategies.

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