Pet Trusts — Providing for Your Animals (20 Pa.C.S. § 7738)

Pennsylvania law expressly authorizes trusts for the care of animals. Under 20 Pa.C.S. § 7738, a "trust for the care of a designated domestic or pet animal" is valid and enforceable — it is not merely precatory language. The trust terminates when no animal covered by the trust is alive.

Why Pet Trusts Matter

A will can leave your pet to someone, but it cannot ensure the caretaker actually provides the level of care you want — or any care at all. A pet trust creates a legally enforceable obligation. The trustee holds funds and distributes them to the caretaker per your instructions, and the trust can be enforced by a designated person or by the court.

What to Include

• Named caretaker and alternate: Who takes physical custody of your animal — and who steps in if the first choice can't
• Standard of care: Veterinary care expectations, diet, exercise, living arrangements, and any special medical needs
• Funding: Pennsylvania courts will reduce "excessive" funding, so the amount should be reasonable for the animal's expected lifespan and care costs
• Trustee: Who manages the funds (can be different from the caretaker — this provides accountability)
• Remainder beneficiary: Who receives leftover funds after the last animal dies