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Wills & Trusts: Related Statutes

Statute Name Citation Summary
AK - Trusts - § 13.12.907. Honorary trusts; trusts for pets   AK ST § 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   AL ST § 19-3B-110; AL ST § 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.   AR ST § 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   AZ ST § 14-2907; AZ ST § 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   CA PROBATE § 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.   CO ST § 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   CT ST § 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 ST § 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   DE ST TI 12 § 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   FL ST § 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 ST § 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. - CHAPTER 560. UNIFORM PROBATE CODE   HI ST § 560:7-501   This statute represents Hawaii's pet trust law.  The law provides that a pet trust is a valid purpose for a trust, and that such instruments are to be liberally construed to carry out the intent of the pet owner.  Extrinsic evidence is admissible to prove the transferor's intent.  Other aspects include an order for disbursement of remaining assets and a section that excludes these trusts from Hawaii's rule against perpetuities law.  
IA - Trusts for Pets - Chapter 633A. Iowa Trust Code.   IA ST § 633A.2101   This Iowa statute allows for the creation of a trust for the continuing care of animal living at the settlor's death (note that the 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.   ID ST § 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.   IL ST CH 760 § 5/15.2;IL ST CH 760 § 5/4.26   This Illinois law represents the state's pet trust law.  The law states that a trust to care for one or more designated domestic animals is valid and terminates upon the death of the last named animal.  Such trusts are to be liberally construed under the law and extrinsic evidence is admissible to prove a transferor's intent.  
IN - Trust - 30-4-2-18. Trust to provide for care of an animal alive during settlor's lifetime   IN ST 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.   KS ST § 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.  
MA - Pet Trust - Chapter 203. Trusts.   MA ST 203 § 3C   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. This statute was repealed in 2012.  
MD - Pet Trust - §Title 14. Trusts.   MD EST & TRST § 14-112   Maryland enacted its "pet trust" law in 2009. 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) unless the court determines that the value exceeds the amount required for care.  
ME - Pet Trusts - Chapter 4. Creation, Validity, Modification and Termination of Trust.   ME ST T. 18-B § 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.  
MO - Trust - Creation of trust, care of living animals   MO ST 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.  
MT - Trusts - Chapter 2. Upc--Intestacy, Wills, and Donative Transfers.   MT ST 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 - Chapter 36C. North Carolina Uniform Trust Code.   NC ST § 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   ND ST 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.   NE 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   NJ ST 3B:11-38   This New Jersey statute provides that a trust for the care of a domesticated animal is valid.  Trusts under this section terminate when no living animal is covered by the trust, or at the end of 21 years, whichever occurs earlier.  
NM - Pet Trusts - Chapter 46A. Uniform Trust Code.   NMSA 1978, §§ 45-2-907; 46A-4-408   New Mexico has two statutes that represent the state's relevant pet trust laws.  The first law enacted, Section 45-2-907 adopted in 1995, states 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 (but no longer than 21 years).  A court may reduce the amount of the property transferred, if it determines that amount substantially exceeds the amount required for the intended use.  The trust is liberally construed to effect its purpose and extrinsic evidence is admissible to prove the transferor's intent.  The second statute, Section 46A-4-408, was adopted in 2003, and did not repeal the previous pet trust law.  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 more animals   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 - 23   South Dakota's pet trust law was enacted in 2006. 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.  
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 - 701.11. Honorary trusts; cemetery trusts.   W. S. A. 701.11   This statute represents Wisconsin's pet trust law.  While not a specific pet trust law, Wisconsin's law states that a settlor may form a general honorary trust with no ascertainable human beneficiary provided it is not for a "capricious purpose."  
WV - Pet Trust - § 44D-4-408. Trust for care of animal   W. Va. Code, § 44D-1-110; W. Va. Code, § 44D-4-408; W. Va. Code, § 44D-4-409   These West Virginia statutes regulate trusts for the care of animals. A pet trust may be created to provide for the care of an animal alive during the grantor's lifetime. The trust terminates upon the death of the animal. Property of a trust may be applied only to its intended use. A trust may be enforced by a person appointed in the terms of the trust instrument or by a person appointed by the court.  
WY - Trust - § 4-10-409. Trust for care of animal   WY ST § 4-10-409   This statute represents Wyoming'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 last animal named in the trust.  

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