Wills and Trusts: Related Statutes
Statute by category |
Citation | Summary |
|---|---|---|
| AK - Trusts - § 13.12.907. Honorary trusts; trusts for pets | AS § 13.12.907 | This Alaska statute provides that trusts for the continuing care of designated domestic animals are valid, provided they are a duration of 21 years or less. The trust terminates when a living animal is no longer covered by the trust. Any remaining trust funds do not go to the trustee, but rather transfer by the order stipulated in the statute. |
| AL - Trust - § 19-3B-408. Trust for care of animal | Ala. Code 1975 § 19-3B-110; Ala. Code 1975 § 19-3B-408 | Alabama's pet trust law was enacted in 2006. A trust may be created to provide for the care of an animal alive during the settlor's lifetime. The trust terminates upon the death of the animal or, if the trust was created to provide for the care of more than one animal alive during the settlor's lifetime, upon the death of the last surviving animal. |
| AR - Trusts - Trust for care of animal. | A.C.A. § 28-73-408 | This statute represents Arkansas' pet trust law. The law provides that a trust may be created to provide for the care of an animal alive during the settlor's lifetime. The trust terminates upon the death of the animal or, if the trust was created to provide for the care of more than one animal alive during the settlor's lifetime, upon the death of the last surviving animal. |
| AZ - Pet Trusts - Honorary trusts; trusts | A. R. S. § 14-2907; A. R. S. § 14-10408 | This Arizona statute allows for the creation of a trust for a designated domestic or pet animal, and must be performed in 21 years or less. The trust terminates when no living animal is covered by the trust; the remaining property is distributed according to statute and cannot be converted by the trustee. |
| CA - Trusts - § 15212. Trusts for care of animals; duration; requirements; accountings; beneficiaries | West's Ann. Cal. Prob. Code § 15212 | This California statute provides that a person can create a trust for the care of a designated domestic or pet animal for the life of the animal. The duration will only be for the life of the pet, even if the trust instrument contemplates a longer duration. Note that the statute uses the singular form of "animal" and the term "domestic" or "pet" is used. |
| CO - Trusts for Pets - Article 11. Intestate Succession and Wills. | C. R. S. A. § 15-11-901 |
This Colorado statute provides that trust for the care of designated domestic or pet animals and the animals' offspring in gestation is valid. The determination of the "animals' offspring in gestation" is made at the time the designated domestic or pet animals become present beneficiaries of the trust. Unless the trust instrument provides for an earlier termination, the trust terminates when no living animal is covered by the trust (but no longer than 21 years). The trust property then transfers as provided by statute, but the trustee may not covert the trust property. |
| CT - Pet Trust - Chapter 802C. Trusts | C. G. S. A. § 45a-489a | Connecticut enacted its "pet trust" law in 2009. Under the law, a testamentary or inter vivos trust may be created to provide for the care of an animal or animals alive during the settlor's or testator's lifetime. The trust terminates when the last surviving animal named in the trust dies. The trust must designate a "trust protector" who acts on behalf of the animals named in the trust. |
| DC - Trust for care of animal - Chapter 13. Uniform Trust Code. | DC CODE § 19-1304.08 | This statute represents the District of Columbia's pet trust law. The law provides that a trust may be created to provide for the care of an animal alive during the settlor's lifetime. The trust terminates upon the death of the animal or, if the trust was created to provide for the care of more than one animal alive during the settlor's lifetime, upon the death of the last surviving animal. |
| DE - Trust for care of an animal - Chapter 35. Trusts | 12 Del.C. § 3555 | Delaware enacted its pet trust law in 2006. A trust for the care of one or more specific animals living at the settlor's death is valid. The trust terminates upon the death of all animals living at the settlor's death and covered by the terms of the trust. |
| FL - Trust, animal - Chapter 736. Florida Trust Code | West's F. S. A. § 736.0408 | This Florida statute provides that a trust may be created to provide for the care of an animal alive during the settlor's lifetime. The trust terminates on the death of the animal or, if the trust was created to provide for the care of more than one animal alive during the settlor's lifetime, on the death of the last surviving animal. |
| GA - Trust for the care of an animal; creation; termination - Chapter 12. Trusts | Ga. Code Ann., § 53-12-28 | This Georgia law enacted in 2010 provides that a trust may be created to provide for the care of an animal that is alive during the settlor's lifetime. The trust shall terminate upon the death of such animal or, if the trust was created to provide for the care of more than one animal alive during the settlor's lifetime, upon the death of the last surviving animal. |
| HI - Trusts for domestic or pet animals. - [§ 554D-408]. Trust for care of animal | H R S § 554D-408 | This statute represents Hawaii's pet trust law (note: this new section replaces former H.R.S. § 560:7-501). A trust for the care of one or more designated domestic or pet animals shall be valid. The trust terminates when no living animal is covered by the trust. A governing instrument shall be liberally construed to bring the transfer within this section, to presume against the precatory or honorary nature of its disposition, and to carry out the general intent of the transferor. Extrinsic evidence shall be admissible in determining the transferor's intent. |
| IA - Trusts for Pets - Chapter 633A. Iowa Trust Code. | I. C. A. § 633A.2101 - 2105 | This Iowa statute allows for the creation of a trust for the continuing care of animal living at the settlor's death (note that actual text does not state "domestic" or "pet" animal). This type of trust, allowed generally through the provisions for lawful noncharitable trusts, is valid for up to twenty-one years, whether or not the terms of the trust contemplates a longer duration. The trust terminates when when no living animal is covered by its terms. |
| ID - Pet Trusts - CHAPTER 7. TRUST ADMINISTRATION. | I.C. § 15-7-601 | This Idaho statute represents Idaho's relevant pet trust law. The law, while not termed a pet trust, provides that a person may create a "purpose trust." This trust does not require a beneficiary and may instead just name a person to enforce the trust. |
| IL - Pet Trusts - Chapter 760. Trusts and Fiduciaries. | 760 I.L.C.S. 3/408; 760 ILCS 3/1223 | This Illinois law represents the state's pet trust law. The trust terminates when no living animal is covered by the trust. A trust instrument shall be liberally construed to bring the transfer within this Section, to presume against a merely precatory or honorary nature of its disposition, and to carry out the general intent of the transferor. Extrinsic evidence is admissible in determining the transferor's intent. |
| IN - Law enforcement - Chapter 42.5. Burial with Law Enforcement Animals or Service Animals | IC 23-14-42.5-1 - 7 | This chapter allows the cremated remains of a deceased law enforcement or military animal of a deceased owner to be scattered, placed, or interred in a manner described in this subsection before, after, or in conjunction with the interment of the remains of the deceased owner. The deceased animal's cremated remains may be scattered or placed on top of the deceased owner's burial plot or interred on top of the deceased owner's burial plot as long as the interment of the deceased animal's cremated remains does not encroach on a neighboring burial plot, involve disinterment of the owner, or involve digging greater than one foot of depth. The person owning the deceased animal must consent in writing and give this consent to the cemetery owner. If the deceased owner does not own the animal at the time of the deceased animal's death, the deceased owner may provide written notice in his or her last will, in a written designation to the cemetery, or in a funeral planning declaration. |
| IN - Trust - 30-4-2-18. Trust to provide for care of an animal alive during settlor's lifetime | I.C. 30-4-2-18 | Indiana's pet trust law was enacted in 2005. The trust terminates upon the death of the animal or upon death of last surviving animal alive during settlor's lifetime. Property of a trust authorized by this section may be applied only to the trust's intended use, except to the extent the court determines that the value of the trust property exceeds the amount required for the trust's intended use. |
| KS - Pet Trusts - Chapter 58A. Kansas Uniform Trust Code. | K. S. A. 58a-408 | This Kansas statute provides that a trust may be created to provide for the care of an animal alive during the settlor's lifetime (note that it does not state "domestic" or "pet" animal). The trust terminates upon the death of the animal or, if the trust was created to provide for the care of more than one animal alive during the settlor's lifetime, upon the death of the last surviving animal. Property of a trust authorized by this section may be applied only to its intended use, except to the extent the court determines that the value of the trust property exceeds the amount required for the intended use. |
| KY -Wills and Trusts - 386B.4-080 Trust for care of animal | KRS § 386B.4-020; 386B.4-080 | A trust may be created to provide for the care of an animal alive during the settlor's lifetime. The trust terminates on the death of the animal or, if the trust was created to provide for the care of more than one (1) animal alive during the settlor's lifetime, on the death of the last surviving animal. |
| LA - Trust - § 2263. Trust for the care of an animal | LSA-R.S. 9:2263 | This law enacted in 2015 allows the creation of a trust may to provide for the care of one or more animals that are "in being and ascertainable" on the date of the creation of the trust. The trust may designate a caregiver for each animal. The trust terminates on the death of the last surviving animal named in the trust. The "comments" that follow the statutory language provide some interesting explanation of several provisions of the new law. |
| MA - Pet Trust - Chapter 203. Trusts. | M.G.L.A. 203E § 408 | In 2011, Massachusetts enacted this law, which allows the creation of a trust for the continuing care of an animal alive during the settlor's lifetime. The trust terminates upon the death of the last animal named in the trust. A court may reduce the amount of property held by the trust if it determines that the amount substantially exceeds the amount required for the intended use and the court finds that there will be no substantial adverse impact in the care, maintenance, health or appearance of the covered animal. The statute was renumbered in 2012. |
| MD - Pet Trust - §Title 14. Trusts. | MD Code, Estates and Trusts, § 14.5-407 | Maryland enacted its original "pet trust" law in 2009. The law was then repealed and reenacted in 2015 under a different section. Under the law, a trust may be created to provide for the care of an animal alive during the lifetime of the settlor. The trust terminates when the last animal subject to the trust dies. The property of the trust may only be used for the intended purpose of the trust (e.g., taking care of the animal). |
| ME - Pet Trusts - Chapter 4. Creation, Validity, Modification and Termination of Trust. | 18-B M. R. S. A. § 408 | This statute represents Maine's pet trust law. The provides that a trust may be created to provide for the care of an animal alive during the settlor's lifetime. The trust terminates upon the death of the animal or, if the trust was created to provide for the care of more than one animal alive during the settlor's lifetime, upon the death of the last surviving animal. The comment following the text of the statute clarifies what types of animal-related activities qualify as non-charitable versus charitable trusts. |
| MI - Pet Trusts - Chapter 700. Estates and Protected Individuals Code. Estates and Protected Individuals Code. | M. C. L. A. 700.2722 | This Michigan statute provides that a trust for the care of a designated domestic or pet animal is valid (these trusts follow the terms for non-charitable trusts and thus, can be of a duration of up to 21 years). The trust terminates when no living animal is covered by the trust. Extrinsic evidence is admissible to prove the transferor's intent and the court may reduce the amount of the property transferred if it determines that that amount substantially exceeds the amount required for the intended use. |
| MN - Trust - 501C.0408. Trust for care of animal | M.S.A. § 501C.0408 | This Minnesota law enacted in 2016 allows for the creation of a pet trust. A trust may be created to provide for the care of an animal alive during the settlor's lifetime. The trust terminates upon the death of the animal or, if the trust was created to provide for the care of more than one animal alive during the settlor's lifetime, upon the death of the last surviving animal. Interestingly, the trust may not be enforced for more than 90 years. |
| MO - Trust - Creation of trust, care of living animals | V.A.M.S. 456.4-408 | This Missouri statute represents the state's pet trust law. The law provides that a trust may be created to provide for the care of an animal alive during the settlor's lifetime. The trust terminates upon the death of the animal or, if the trust was created to provide for the care of more than one animal alive during the settlor's lifetime, upon the death of the last surviving animal. |
| MS - Trust - § 91-8-408. Trust for care of animal | Miss. Code Ann. § 91-8-408 | This Mississippi statute allows a trust to be created to provide for the care of an animal alive during the settlor's lifetime. The trust terminates upon the death of the animal or, if the trust was created to provide for the care of more than one (1) animal alive during the settlor's lifetime, upon the death of the last surviving animal. |
| MT - Trusts - Chapter 2. Upc--Intestacy, Wills, and Donative Transfers. | MCA 72-2-1017 | This Montana statute states that a trust for the care of a designated domestic or pet animal is valid (but for no longer than 21 years, even if the trust provides for a longer term). The trust terminates when no living animal is covered by the trust. Extrinsic evidence is admissible in determining the transferor's intent. Except as expressly provided otherwise in the trust instrument, no portion of the principal or income may be converted to the use of the trustee or to any use other than for the trust's purposes or for the benefit of a covered animal and a court may reduce the amount of the property transferred if it determines that that amount substantially exceeds the amount required for the intended use. |
| NC - Trusts - § 36C-4-408. Trust for care of animal | N.C.G.S.A. § 36C-4-408 | This North Carolina provides that a trust for the care of one or more designated domestic or pet animals alive at the time of creation of the trust is valid. Further, no portion of the principal or income may be converted to the use of the trustee or to any use other than for the benefit of the designated animal or animals. The trust terminates upon the death of the animal named or the last surviving animal named in the trust. |
| ND - Trust - Chapter 59-12. Creation, Validity, Modification, and Termination of Trust | NDCC 59-12-08 | North Dakota's pet trust law was enacted in 2007. A trust may be created to provide for the care of an animal alive during the settlor's lifetime. The trust terminates upon the death of the animal or, if the trust was created to provide for the care of more than one animal alive during the settlor's lifetime, upon the death of the last surviving animal. |
| NE - Trusts - Chapter 30. Decedents' Estates; Protection of Persons and Property. | Neb. Rev. St. § 30-3834 | This statute represents Nebraska's pet trust law. The law adopts the language of Section 408 of the Uniform Trust Act and states that a trust may be created to provide for the care of an animal alive during the settlor's lifetime. The trust terminates upon the death of the animal or, if the trust was created to provide for the care of more than one animal alive during the settlor's lifetime, upon the death of the last surviving animal. |
| NH - Trusts - Chapter 564-B. Uniform Trust Code. | N.H. Rev. Stat. § 564-B:4-408 | This statute represents New Hampshire's pet trust law. The law provides that a trust may be created to provide for the care of an animal alive during the settlor's lifetime. The trust terminates upon the death of the animal or, if the trust was created to provide for the care of more than one animal alive during the settlor's lifetime, upon the death of the last surviving animal. |
| NJ - Pet Trusts - Trusts for care of domesticated animals | N.J.S.A. 3B:31-24 | A trust may be created to provide for the care of an animal alive during the settlor's lifetime. The trust terminates upon the death of the animal or, if the trust was created to provide for the care of more than one animal alive during the settlor's lifetime, upon the death of the last surviving animal. Note: this section replaces the original law (3B:11-38) enacted in 2001 and repealed in 2016. |
| NM - Pet Trusts - Chapter 46A. Uniform Trust Code. | NMSA 1978, §46A-4-408 | Section 46A-4-408, was adopted in 2003, and did not repeal the previous pet trust law. However, in 2016, the original pet trust law (46A-4-407) was finally repealed. The new section follows the language of the Uniform Trust Code and simply states that a trust for the care of an animal alive during the settlor's lifetime is valid. The trust terminates upon the death of the last animal named and any excess trust property is distributed to the settlor, if living, or his or her successors in interest. |
| NV - Trusts - Chapter 163. Trusts. Creation and Validity of Trusts. 163.0075. Validity of trust providing for care of one or mor | N. R. S. 163.0075 | This Nevada statute allows for a trust created for the care of one or more animals that are alive at the time of the settlor's death (note the statute does not state "domestic" or "pet" animal). Such a trust terminates upon the death of all animals covered by the terms of the trust. It further provides that a settlor's expression of intent must be liberally construed in favor of the creation of such a trust. |
| NY - Trusts - Chapter 17-B. Of the Consolidated Laws. | McKinney's E. P. T. L. § 7-8.1 | This New York statute provides that a trust for the care of a designated domestic or pet animal is valid. Such trust shall terminate when the living animal beneficiary or beneficiaries of such trust are no longer alive. Upon termination, the trustee shall transfer the unexpended trust property as directed in the trust instrument or, if there are no such directions in the trust instrument, the property shall pass to the estate of the grantor. A court may reduce the amount of the property transferred if it determines that amount substantially exceeds the amount required for the intended use. |
| OH - Trust - Chapter 5804. Creation, Validity, Modification and Termination of Trust | R.C. § 5804.08 | Ohio enacted its pet trust law in 2007. A trust may be created to provide for the care of an animal alive during the settlor's lifetime. The trust terminates upon the death of the animal or, if the trust was created to provide for the care of more than one animal alive during the settlor's lifetime, upon the death of the last surviving animal. |
| OK - Trust - § 199. Validity of a trust for the care of domestic or pet animals. | 60 Okl. St. Ann. § 199 | Oklahoma enacted a "pet trust" law in 2010. The law provides that a trust for the care of designated domestic or pet animals is valid and terminates when no living animal is covered by the trust. If no trustee is named, the court shall appoint one. |
| OR - Trusts - 130.185. Pet trust. | O. R. S. § 130.185 | This statute comprises Oregon's Pet Trust law based on the Uniform Trust Code. Under the law, a trust may be created to provide for the care of one or more animals that are alive during the settlor's lifetime. The trust terminates upon the death of the animal or, if the trust was created to provide for the care of more than one animal, upon the death of the last surviving animal. |
| PA - Trust - § 7738. Trust for care of animal - UTC 408 | 20 Pa.C.S.A. § 7738 | In 2006, Pennsylvania became the 32nd state to adopt a pet trust law. The law provides that a trust may be created to provide for the care of an animal alive during the settlor's lifetime. The trust terminates upon the death of the animal or, if the trust was created to provide for the care of more than one animal alive during the settlor's lifetime, upon the death of the last surviving animal. |
| RI - Trusts - § 4-23-1. Trust for care of animals | Gen. Laws, 1956, § 4-23-1 | This law represents the state's pet trust law. The law provides that a trust may be created to provide for the care of an animal alive during the settlor's lifetime. The trust terminates upon the death of the animal, or if the trust was created to provided for the care of more than one animal alive during the settlor's lifetime upon the death of the last surviving animal. The statute lists a distribution schedule for any remaining trust property and also states that such trusts are to be liberally construed to carry out the transferor's intent. |
| SC - Trust - § 62-7-408. Trust for care of animal | Code 1976 § 62-7-408 | South Carolina's pet trust law was originally enacted in 2006. A trust may be created to provide for the care of an animal or animals alive or in gestation during the settlor's lifetime, whether or not alive at the time the trust is created. The trust terminates upon the death of the last surviving animal. |
| SD - Trust - 55-1-21. Trust for care of designated animal. | S D C L § 55-1-21 | South Dakota's pet trust law was enacted in 2006. Amendments to the law in 2018 provide that trusts for the care of a designated animal or animals are valid. |
| TN - Trusts - § 35-15-408. Trust for care of animal. | T. C. A. § 35-15-408 | This Tennessee trust law, amended in 2007, provides that a trust may be created to provide for the care of an animal alive during the settlor's lifetime. The trust terminates upon the death of the animal or, if the trust was created to provide for the care of more than one (1) animal alive during the settlor's lifetime, upon the death of the last surviving animal. The trust may not be enforced for more than 90 years. |
| TX - Trusts - Chapter 112. Creation, Validity, Modification, and Termination of Trusts. | V. T. C. A., Property Code § 112.037 | This Texas statute comprises the state's pet trust law. A trust may be created to provide for the care of an animal alive during the settlor's lifetime. The trust terminates on the death of the animal or, if the trust is created to provide for the care of more than one animal alive during the settlor's lifetime, on the death of the last surviving animal. The law also provides a distribution schedule for the trust's remaining assets. |
| UT - Trusts - § 75-2-1001. Honorary trusts--Trusts for pets | U.C.A. 1953 § 75-2-1001 | This Utah statute provides that a trust for the care of a designated domestic or pet animal is valid. The trust terminates when no living animal is covered by the trust. Trusts under this section shall be liberally construed to presume against the merely precatory or honorary nature of the disposition, and to carry out the general intent of the transferor. |
| VA - Trusts - § 64.2-726. Trust for care of animal | VA Code Ann. § 64.2-726 | This Virginia pet trust law becomes effective July 1, 2006. The law provides that a trust may be created to provide for the care of an animal alive during the settlor's lifetime. The trust terminates upon the death of the animal or, if the trust was created to provide for the care of more than one animal alive during the settlor's lifetime, upon the death of the last surviving animal. |
| VT - Trusts - § 408. Trust for care of animal | 14A V.S.A. § 408 | This Vermont law enacted in 2009 allows the creation of a trust to provide care of an animal alive during the settlor's lifetime. The trust terminates upon the death of the animal or, if the trust was created to provide for the care of more than one animal alive during the settlor's lifetime, upon the death of the last surviving animal. |
| WA - Trusts - Chapter 11.118. Trusts--Animals | West's RCWA 11.118.005 - 110 | The purpose of this chapter is to recognize and validate certain trusts that are established for the benefit of animals (nonhuman animal with vertebrae). The trust can be for one or more animals provided they are individually identified or labeled in the instrument so that they may be easily identified. Unless otherwise provided in the trust instrument or in this chapter, the trust will terminate when no animal that is designated as a beneficiary of the trust remains living. |
| WI - Trust - 701.0408 Trust care for an animal | W.S.A. 701.1110; 701.0402; 701.0408 | This statute represents Wisconsin's pet trust law. The former law was not a specific pet trust law, but the new law is. The new provisions allows for a trust to be created for the care of an animal alive during the settlor's lifetime. |