Pet Trusts: Providing for Your Animals (20 Pa.C.S. § 7738)

Pennsylvania law authorizes trusts for the care of any animal alive during the settlor's lifetime. Under 20 Pa.C.S. § 7738, a trust may be created to provide for the care of an animal alive during the settlor's lifetime , not limited to domestic pets. Horses, livestock, exotic animals, and any other animal the settlor owned or cared for during life can be covered. The trust terminates when no animal covered by the trust is alive.

Why Pet Trusts Matter

A will can leave your pet to someone, but it cannot ensure the caretaker actually provides the level of care you want, or any care at all. A pet trust creates a legally enforceable obligation . The trustee holds funds and distributes them to the caretaker per your instructions, and the trust can be enforced by a designated person or by the court.

What to Include

• Named caretaker and alternate: Who takes physical custody of your animal, and who steps in if the first choice can't
• Standard of care: Veterinary care expectations, diet, exercise, living arrangements, and any special medical needs
• Funding: Pennsylvania courts will reduce "excessive" funding, so the amount should be reasonable for the animal's expected lifespan and care costs
• Trustee: Who manages the funds (can be different from the caretaker: this provides accountability)
• Remainder beneficiary : Who receives leftover funds after the last animal dies

Statutory content on this page was last verified against Pennsylvania statutes (20 Pa.C.S.; 72 P.S. Art. XXI): February 2026 . If you are reading this significantly after that date, confirm key provisions with current statute text or contact our office.