If you’re a pet lover, your animals are more than companions—they’re family. Estate planning for pet lovers ensures your beloved pets continue to receive care, companionship, and protection if something happens to you. In the District of Columbia, Maryland, and Virginia, state-specific laws allow you to create enforceable plans for your pets’ future care through legal tools like pet trusts.

Why Estate Planning for Pet Lovers Matters

Legally, pets are considered personal property. Without clear, legal instructions, your pet’s future could be uncertain. Well-meaning promises from friends or family might not be honored. A caregiver might face restrictions from landlords, or simply lack the financial resources to take on the responsibility.

Estate planning for pets helps avoid these common pitfalls by putting your intentions in writing and funding their care.

Why a Will Isn’t Enough for Estate Planning for Pet Lovers

Some people try to provide for their pets through a will. Unfortunately, that approach can fall short:

• Wills don’t take effect until the probate process is complete, which can take weeks or months—leaving your pet in limbo.

• Instructions in a will may not be legally enforceable.

• Wills don’t address what happens if you’re incapacitated but still alive.

The First Step: Assigning Your Pet to a Revocable Trust

At Right Size Law, we often begin pet-centered planning by creating a revocable living trust. This is the foundational estate planning document for many of our clients. When we execute the assignment of personal property, we tell clients that their pets are the most valuable personal property going into the trust.

By assigning your pet to your revocable trust, you legally make them trust property. This means your successor trustee is obligated to care for your pet under their fiduciary duty to preserve and protect trust property. Your pet’s well-being becomes not just a wish—but a legally enforceable responsibility.

Once the revocable trust is established, the next step is to create a dedicated pet trust within or alongside that trust to direct exactly how your pet will be cared for.

Pet Trusts and Estate Planning for Pet Lovers in DC, Maryland, and Virginia

Each of our local jurisdictions allows pet trusts by statute:

• Washington, DC – D.C. Code § 19-1304.08

• Maryland – MD Estates & Trusts § 14-112

• Virginia – VA Code § 55-544.08

A properly drafted pet trust allows you to name a caregiver, allocate funds, and spell out how your pet should be cared for. You can also name a trustee—someone who oversees the money and ensures your pet is receiving the care you intended.

How Pet Trusts Work in Estate Planning for Pet Lovers

• Designate a caregiver for your pet

• Allocate funds for food, veterinary care, grooming, and more

• Set care instructions to preserve your pet’s routine and well-being

• Appoint a trustee to manage funds and hold the caregiver accountable

Types of Pet Trusts for Pet Lovers

1. Testamentary Pet Trust – Created by your will and activated after your death. This type of trust should generally be avoided for the same reasons discussed above: probate delays, unenforceable instructions, and no protection during incapacity.

2. Living (Inter Vivos) Pet Trust – Created during your lifetime, and can take effect immediately or upon your incapacity. This option provides better continuity of care and enforceability.

What Pet Lovers Should Consider in Estate Planning

• Estimate long-term care costs: food, veterinary care, grooming, etc.

• Choose a reliable caregiver—and name backups

• Provide clear care instructions: feeding routines, medical needs, favorite toys, and more

• Decide how much to fund the trust and how funds should be managed

Protecting Your Pets Through Estate Planning for Pet Lovers

Estate planning for pet lovers is about protecting the bond you share with your pets. A little planning today can ensure your pet never ends up in a shelter—or worse—due to a legal oversight or misunderstanding. Whether you’re concerned about your dog, cat, bird, or even a beloved tortoise, the law in DC, Maryland, and Virginia allows you to create a plan that provides both legal protection and financial support for your pet.

At Right Size Law PLLC, we help clients create estate plans that include provisions for their pets—starting with a revocable trust and followed by a pet trust to ensure complete care. Let us help you ensure your furry, feathered, or scaled companion continues to receive the love and care they deserve.

Serving DC, Maryland, and Virginia with Estate Planning for Pet Lovers, Pet Trusts, and Legal Pet Care Arrangements