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 North Carolina, pet owners can create a trust to provide for the care and well-being of their pets after the owner's death or incapacitation. This is in recognition of the fact that pets are legally considered personal property and cannot directly inherit assets. North Carolina General Statutes § 36C-4-408 specifically allows for the creation of a trust for the care of an animal alive during the settlor's lifetime. The trust can be enforced by an individual designated for that purpose in the trust document or, if no individual is designated, by an individual appointed by a court. The trust will remain in effect for the lifetime of the animal or, if more than one animal is covered by the trust, for the lifetime of the last surviving animal. The statute provides a legal framework for ensuring that the assets placed in the trust are used solely for the intended purpose of caring for the designated pet or pets.