Providing for Pets in a California Estate Plan At Kushner Legal, we often remind clients that estate planning is not just about transferring wealth. It is about protecting the people and relationships that matter most to you. For many Californians, that includes pets. Dogs, cats, and other companion animals are part of the family, yet pet planning is one of the most frequently overlooked elements of an otherwise thoughtful estate plan.

Without clear legal instructions, pets can be left in a vulnerable position if their owner becomes incapacitated or passes away. Informal promises, assumptions about who will step in, or vague statements of intent often lead to confusion, delay, and unnecessary stress. California law provides effective tools to protect pets, but those tools must be intentionally built into your estate plan to be enforceable and practical.

Why pet planning matters under California law

Under California law, pets are treated as property. While this classification may feel disconnected from the emotional bond most people have with their animals, it carries important legal consequences. A pet cannot inherit money directly, and a simple statement of wishes does not create a legal obligation.

If an estate plan does not address pet care, animals may pass to unintended individuals, become the subject of disputes among family members, or require court involvement to determine responsibility. We regularly see situations where loved ones disagree about long term care, veterinary treatment, or whether an animal should be rehomed. Planning ahead allows you to make these decisions yourself rather than leaving them to others during an already difficult time.

California pet trusts and how they work

California specifically authorizes trusts for the care of animals under Probate Code section 15212. This statute allows you to create a trust for the benefit of one or more pets that are alive during your lifetime. The trust remains valid until the death of the last surviving animal covered by the trust.

A properly drafted pet trust names a trustee to manage the funds and a caregiver to provide day to day care. These roles can be held by the same person or separated to create oversight and accountability. Separating the roles often reduces the risk of conflict and helps ensure that funds are used solely for the benefit of the animal.

A pet trust can include detailed instructions regarding food, veterinary care, grooming, training, boarding, and comfort as the animal ages. It can also address quality of life considerations and end of life decision making. California courts retain the authority to reduce excessive funding if the amount substantially exceeds what is reasonably required, which makes realistic planning and thoughtful budgeting especially important.

Why a will alone is often not enough

Many pet owners assume they can address pet care through a will. While a will can name a person to receive your pet and leave money to that person, it does not create an enforceable obligation to use those funds for the animal’s care. Once the gift is made, the recipient controls the money outright.

There is also a timing issue. Wills are subject to probate in California, which can take many months. During that period, there may be no clear authority or access to funds to care for the pet. This gap can be disruptive and stressful, particularly for animals that rely on routine, familiarity, or specialized care.

For these reasons, pet planning is most effective when handled through a revocable living trust rather than relying solely on a will.

Planning for incapacity, not just death

Estate planning is not limited to what happens at death. Incapacity planning is equally important for pet owners. If you are hospitalized or otherwise unable to care for your animal, someone must have immediate legal authority to step in.

A revocable living trust can include provisions that take effect during incapacity, allowing a successor trustee to arrange care and access funds without court involvement. We also encourage clients to maintain written pet care instructions alongside their legal documents. These may include veterinarian contact information, medication schedules, dietary needs, exercise routines, and behavioral notes. While not legally binding on their own, these instructions provide invaluable guidance during a transition.

Choosing the right caregiver

Selecting a caregiver should be a deliberate decision. The right person must be willing, capable, and aligned with your pet’s needs and lifestyle. We strongly recommend having a direct conversation with the proposed caregiver and naming one or more alternates in case circumstances change.

California pet trusts often include provisions allowing the trustee to remove and replace a caregiver if the pet is not receiving appropriate care. This flexibility protects the animal and reinforces accountability over time.

Integrating pets into a comprehensive estate plan

Pet planning works best when it is integrated into your broader California estate plan. A revocable living trust allows you to avoid probate, plan for incapacity, and create enforceable instructions for pet care within the same framework that governs your other assets.

Under California Probate Code sections 16000 through 16015, trustees are subject to fiduciary duties to administer the trust according to its terms. When a pet trust is properly drafted, these duties provide meaningful legal protection and long term stability for your animals.

Take the next step

If you are a pet owner, planning for their care is not optional. It is a critical part of a complete California estate plan. Whether you are creating your first trust or reviewing documents that were prepared years ago, now is the right time to ensure your pets are protected in the event of incapacity or death.

At Kushner Legal, we help clients throughout California create estate plans that reflect real lives, real relationships, and real responsibilities. To learn more or to schedule a confidential consultation, visit www.kushnerlegal.com.