Pet Trusts: How to Protect Your Pets in Your Estate Plan

Name: ESTATE PLANNING – Avoid Probate and Take Control of Your Future
Start: 2026-06-27T05:00:00-04:00
End: 2026-06-27
Location: Nellie's Southern Kitchen

Attorney Haley Matson

A common question I hear as an Estate Planning attorney is: “What happens to my pets when I die?” Families want to be sure that their animals will be taken care of in the event of their death. In North Carolina, animals are treated very differently depending on the type of estate plan you set up.

Animals and Pets are Considered Personal Property

Legally, pets are considered “chattels,” or items of personal property. In estate planning, personal property typically includes personal items such as jewelry, dishes, household furnishings, and related items.

Can I Put my Pet in my Will?

Yes, absolutely!

Without a will, all personal property items are divided based on the NC Laws of Intestate Succession. This includes your pets. If your personal property and pets are divided up between your heirs, your pet will likely be handled by one person in the family in lieu of some other items of inheritance. There is no way to ensure that your pet will be cared for adequately, and no way to ensure that a certain person handles your pet.

With a will, personal property is divided up based on the instructions you provide. In North Carolina, you are allowed to put provisions in your will to determine who will care for your pets in the event of your death. This prevents the pet from being given to someone who may not want it, and prevents the pet from being in potentially abusive situations.

Pet Trusts

North Carolina offers a special feature in estate planning for your pets. This is known as a “Pet Trust,” guided by the NC General Statutes § 36C-4-408.

A Pet Trust allows you to put money and instructions away for the specific use and benefit of your pets in the event that you pass. There is specific language used to prevent the Trustee, the person responsible for managing your Trust, from using any of the funds for their personal benefit or for the benefit of anyone other than your pet.

According to the statute, you are also allowed to designate an individual to care for the pet, and can provide for that animal through that particular person. For example, you can put away money to be given to the pet caretaker for the purpose of boarding the pet, vet visits, or food. However, the amount stated to be used for the pet must be proportional to the pet’s needs.

Are There Benefits to Using a Pet Trust Over a Will?

If you are looking to totally avoid probate and you believe there will be a fight over who takes your pet, a Pet Trust, which does not go through probate, is a better option. It streamlines the process and keeps it out of the hands of the public, which lessens confusion. However, if you are OK with the potential of probate and only have one or two heirs, then a Will provision is likely sufficient.