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 Virginia, pet owners can create a trust to ensure the care and well-being of their pets after the owner's death or incapacitation. Virginia law recognizes pet trusts, which allows a pet owner to designate a certain amount of money or assets to be used for the care of their pets. The trust is a legal arrangement where the pet owner (grantor) appoints a trustee to manage the trust for the benefit of the pet(s), which are considered the beneficiaries of the trust. The trustee is responsible for using the trust assets to pay for the pet's expenses as specified in the trust agreement. Virginia's pet trust law is found under Virginia Code Section 64.2-726, which provides the framework for the creation, management, and termination of pet trusts in the state.