Pet Trusts in Minnesota: Legal Protection for Your Animals

For many families, pets are not merely property — they are members of the household whose care and wellbeing matter deeply. Yet under Minnesota law, animals are classified as personal property and cannot inherit assets or be named as beneficiaries in a will. Without specific planning, a pet’s care after its owner’s death or incapacity depends entirely on the goodwill of family members or friends, with no legal obligation or funding mechanism to support that care.

A pet trust solves this problem. Minnesota law explicitly authorizes trusts for the care of animals, providing a legally enforceable structure to fund and direct the care of pets after the owner is no longer able to do so.

Minnesota’s Pet Trust Statute

Minnesota Statute Section 501C.0408 authorizes the creation of a trust for the care of an animal that is alive during the settlor’s lifetime. The statute is part of the Minnesota Trust Code (Minn. Stat. Chapter 501C), which governs trust creation and administration in the state. Pet trusts are one of several tools available in a comprehensive estate plan.

Key provisions of the statute include:

• The trust may be created for an animal alive during the settlor’s lifetime. This means the trust can cover pets the settlor currently owns but generally cannot be established for animals not yet acquired.
• The trust terminates upon the death of the last surviving animal covered by the trust. Unlike standard trusts, a pet trust does not have a fixed term — its duration is tied to the animal’s lifespan.
• The trust is enforceable by a person appointed in the trust document or, if none, by a person appointed by the court. This enforcement mechanism is what distinguishes a pet trust from an informal arrangement. Someone has legal standing to ensure the trust’s terms are followed.
• The court may reduce the amount of property transferred to the trust if it determines the amount substantially exceeds the amount required for the animal’s care. This provision prevents excessive funding that might be challenged by heirs.

How a Pet Trust Works

A pet trust operates similarly to other trusts governed by the Minnesota Trust Code. The settlor (the pet owner) creates the trust, transfers assets into it, names a trustee to manage the funds, and designates a caregiver responsible for the animal’s day-to-day care.

Separating the Trustee and Caregiver Roles

One of the most important structural decisions in a pet trust is whether to separate the roles of trustee and caregiver. Naming different individuals for each role creates a system of checks and balances:

• The caregiver provides daily care — feeding, exercise, veterinary visits, and companionship.
• The trustee manages the trust funds — disbursing money to the caregiver for the animal’s expenses and ensuring that trust assets are used appropriately.

When the same person serves in both roles, there is no independent oversight of how trust funds are spent. Separating the roles reduces the risk of misuse and provides accountability.

Choosing a Trustee

The trustee should be someone who is financially responsible, organized, and willing to fulfill administrative duties over the potential lifespan of the animal. For long-lived animals such as horses or parrots, this commitment may extend for decades. Consider naming a successor trustee in case the primary trustee is unable or unwilling to continue serving.

A corporate trustee (such as a bank or trust company) is an option for larger trusts, though many corporate trustees have minimum account size requirements that may exceed the funding level of a typical pet trust.

Choosing a Caregiver

The caregiver should be someone who genuinely cares about the animal, has the living situation and lifestyle to accommodate it, and is willing to commit to the animal’s care for its remaining lifespan. It is essential to discuss the arrangement with the prospective caregiver before finalizing the trust. Name at least one alternate caregiver in case the primary caregiver’s circumstances change.

What to Include in a Pet Trust

A well-drafted pet trust should address the following:

• Identification of the animal. Include the animal’s name, species, breed, color, markings, and any registration or microchip numbers. Photographs attached to the trust document can help prevent disputes about which animal is covered.
• Standard of care. Specify the level of care expected, including diet, exercise, grooming, and living environment.
• Veterinary care. Name a preferred veterinarian or veterinary practice and specify preferences regarding routine care, emergency treatment, and end-of-life decisions. Include guidance on whether extraordinary medical measures should be pursued and under what circumstances.
• Trustee compensation. State whether the trustee is entitled to reasonable compensation for managing the trust.
• Caregiver compensation. Specify any payment to the caregiver for providing daily care, including amounts and frequency.
• Reporting requirements. Require the caregiver to provide periodic reports to the trustee (and the trust enforcer, if one is named) on the animal’s health and wellbeing.
• Remainder beneficiary. Identify who receives any remaining trust assets after the animal’s death. Without this provision, remaining funds return to the settlor’s estate and pass through the residuary clause of the will or trust.
• Disposition of remains. Include instructions for the animal’s burial or cremation.

Funding Considerations

The amount needed to fund a pet trust depends on the animal’s species, age, health, and expected lifespan, as well as the standard of care the settlor wishes to provide.

Common expenses to estimate include:

• Food and supplies — daily feeding costs, bedding, toys, and routine supplies
• Veterinary care — annual examinations, vaccinations, dental care, medications, and emergency treatment
• Grooming — professional grooming for breeds that require it
• Boarding or pet sitting — if the caregiver travels or needs temporary relief
• Insurance — pet insurance premiums, if applicable
• Housing costs — if the caregiver incurs additional housing expense to accommodate the animal (for example, a larger rental or a property with a yard)

For a dog or cat with an expected remaining lifespan of 10 years, annual care costs typically range from $1,500 to $5,000 or more, depending on the animal’s needs. Horses and other large animals can cost significantly more. It is generally better to fund the trust conservatively and name a remainder beneficiary than to overfund it, since Minnesota law allows a court to reduce excessive trust funding.

Enforceability

A pet trust created under Minn. Stat. Section 501C.0408 is legally enforceable. The trust document should name a trust enforcer — a person with legal standing to ensure the trustee and caregiver comply with the trust’s terms. The enforcer can petition a court to compel performance, replace a trustee or caregiver who is not fulfilling their duties, or seek an accounting of trust funds.

Without a named enforcer, the court may appoint one, but relying on a court appointment adds delay and uncertainty. Naming an enforcer in the trust document is a best practice.

Duration Limits

Under Minnesota law, a pet trust terminates upon the death of the last surviving animal covered by the trust. There is no arbitrary time limit on the trust’s duration. However, the trust cannot be extended to cover animals born after the settlor’s death or animals the settlor did not own during their lifetime.

For owners of multiple pets of different species and ages, the trust should clearly identify each covered animal and may specify different care instructions for each.

Alternatives to a Pet Trust

Not every pet owner needs a formal trust. Simpler alternatives include:

Informal Arrangements

The most common approach is an informal agreement with a friend or family member who agrees to take the pet. While this requires no legal documents or expense, it is entirely unenforceable. The agreed-upon caregiver has no legal obligation to follow through, and there is no dedicated funding for the animal’s care.

Including Pets in a Will

A will can include a provision leaving the pet and a specific sum of money to a named individual. This is simpler than a trust but has limitations: the bequest is not enforceable as a care obligation (the recipient could accept the money and rehome the animal), the funds are not protected or managed by a fiduciary, and the gift must pass through probate before reaching the caregiver, creating a gap in care during the probate process.

Revocable Living Trust Provisions

Rather than creating a standalone pet trust, many estate plans incorporate pet care provisions into the settlor’s existing revocable living trust. This approach avoids the administrative cost of a separate trust entity while still providing for funded, directed care. The successor trustee of the revocable trust handles the pet care provisions as part of the trust’s overall administration.

When a Pet Trust Makes Sense

A formal pet trust is most appropriate when the owner has no close family member or friend who is both willing and able to provide care, the animal has special needs (medical conditions, behavioral requirements, or an expensive care regimen), the animal has a long expected lifespan, the owner wants legally enforceable care standards rather than relying on goodwill, or the owner’s estate is large enough that dedicating funds to a pet trust will not significantly reduce bequests to human beneficiaries.

For owners who want peace of mind that their animals will receive reliable, funded care after their death or incapacity, a pet trust under Minnesota law provides a straightforward and enforceable solution. An estate planning attorney can draft the trust to coordinate with the owner’s broader estate plan — see our estate planning checklist for a comprehensive overview of what a complete plan includes.