Because the law considers pets personal property and not human beings, pets cannot own property, and a pet owner cannot leave money or assets to a pet in a will or a trust. But a pet owner can provide for the care and well-being of a pet or pets in a traditional trust or in a statutory pet trust (authorized under a state’s statutes).

For example, the pet owner (known as the grantor, settlor, or trustor) will create a trust for a named pet or pets (the beneficiary or beneficiaries of the trust), place money or income-producing assets in the trust and name a trustee to manage and administer the trust for the benefit of the pet or pets, as provided in the trust agreement.

For a brief summary of each state’s pet trust laws and the state statutes where you can find them, copy and paste this URL in your internet browser: https://www.aspca.org/pet-care/pet-planning/pet-trust-laws

In Georgia, pet owners can create a trust to ensure the care and well-being of their pets after the owner's death or incapacitation. Under Georgia law, specifically O.C.G.A. § 53-12-28, a pet trust is a legally recognized arrangement. The trust can be established for the care of an animal that is alive during the owner's lifetime. The trust remains in effect until the death of the animal, or if the trust is established for the care of more than one animal, until the death of the last surviving animal. The trust must designate a trustee who will be responsible for managing and using the trust property for the benefit of the pets, according to the terms specified in the trust document. The state statutes provide a legal framework to ensure that the funds set aside in the trust are used solely for the intended purpose of caring for the pets.