Georgia pet trusts: How much do they cost, and do you need one?
Georgia law recognizes pet trusts as legally enforceable under O.C.G.A. § 53-12-28. You can use these trusts to name a caretaker for your pet, set aside funds for their care, and ensure that money is used the way you intend. Not every pet owner needs a formal trust, but every pet owner should have some plan in place for their furry family members. This article explains how Georgia pet trusts work, who they’re right for, and what your options are if a trust isn’t the right fit.
Quick Links:
What happens to your pet if you die?
What is a Georgia pet trust?
Key roles in a pet trust
What’s included in a pet trust?
Do you need a pet trust or a will?
How much does a pet trust cost?
Pet trust vs. pet will
How pet planning fits into your estate plan
FAQs
You know your pet better than anyone. You know their routine, their picky food preferences, their favorite vet, their weird quirks. But you’re probably the only person who knows them that well. And while a promise from a family member to care for your pet after you’re gone might be well-meaning, it isn’t legally binding.
That’s the situation most pet owners are in, whether they’ve thought about it or not. About 71% of U.S. households include at least one pet, according to the American Pet Products Association’s 2026 State of the Industry Report. The vast majority of those households have made no legal arrangements for what happens to their pets if the owner dies or becomes incapacitated, which sends thousands of animals to shelters each year.
You want the best for your pets, and that means taking steps during your lifetime to ensure they’re safe after you’re gone. This article explains what a pet trust is, how it works under Georgia law, and how to decide whether you need one.
What happens to your pet if you die?
In Georgia, pets are legally classified as personal property. Whether you agree with that classification or not, it’s important to understand, because it determines how pets can legally be treated within your estate plan. It’s also why assuming that your family will “figure it out” is riskier than it sounds.
Without a will or trust, your pet passes under Georgia’s intestate succession laws (O.C.G.A. § 53-2-1) to your next of kin, in whatever order the statute determines. That person may or may not want your pet, and they’re under no legal obligation to care for them.
With a will that includes a pet provision, you can name a caretaker and leave them a gift to use for your pet’s care. So far, so good—but stopping at a will has a significant limitation. Because pets are considered property, you can’t leave money to them directly. Any money left to a caretaker through your will is considered a gift. Legally, once that money transfers to the caretaker, it’s theirs to use however they see fit. There’s no enforcement mechanism ensuring it actually gets spent on your pet.
In other words: a kind person will use that money as you intended, and a less kind person may not. There’s nothing in the legal structure of a will to distinguish between the two, or to hold the caretaker accountable.
On top of that, there’s the probate delay. Every will in Georgia passes through probate, a process that can take 12-18 months and cost up to $30,000. Whatever funds you’ve left for your pet won’t be accessible until that process is complete. In the meantime, someone has to care for your pet out of their own pocket, arrange for boarding, or make hard decisions about what to do with them.
A pet trust solves both of these problems. You can make financial arrangements for your pet, and ensure they get immediate care without waiting for probate.
What is a Georgia pet trust?
A pet trust is a legally enforceable arrangement that:
- Names a designated caretaker for your pet
- Sets aside funds for your pet’s care
- Establishes enforceable terms for how those funds must be used
- Takes effect immediately at incapacity or death, not after probate
Georgia has recognized pet trusts as legally enforceable since 2010, under O.C.G.A. § 53-12-28. That statute allows a trust to be created specifically for the care of an animal alive during the grantor’s lifetime. The trust continues for the life of the animal. If multiple animals are named, it continues until the death of the last surviving pet covered by the trust.
Because the terms of the trust are legally binding, if the caretaker fails to use funds for the pet’s care as specified, the trustee (or a person appointed by the court) can take action to enforce the trust.
This is the fundamental difference between a pet provision in a will and a pet trust: one is essentially a wish, and the other is a legal obligation with a built-in backup system.
The key roles in a pet trust
- Grantor: The person creating the trust.
- Caretaker: The person who will care for your pet day-to-day. This is the person who takes the animal home, follows the trust’s care instructions, and receives distributions from the trustee for the pet’s expenses.
- Trustee: The person who manages the money. They receive the trust funds and make payments to the caretaker according to the trust’s terms. The trustee and the caretaker can be the same person, but separating the roles is helpful as a layer of accountability. This way, the caretaker can’t simply spend the funds however they choose.
- Successor caretaker and successor trustee: Backups, in case the original caretaker or trustee is unable or unwilling to serve.
Under O.C.G.A. § 53-12-28, you should also specify what happens to any remaining funds after your pet passes. If you don’t, the statute determines the outcome, which may not reflect your wishes. Common choices include a gift to a designated charity (like a local animal rescue), a gift to the caretaker, or distribution back into your broader estate.
What’s included in a pet trust?
A pet trust can be as specific as you need it to be. Common provisions include:
- Preferred veterinarian and authorized medical treatments
- Food brand, diet requirements, and feeding schedule
- Exercise and grooming routines
- Boarding or pet-sitting preferences if the caretaker travels
- Specific behavioral needs or medical conditions requiring ongoing management
- What should happen to the pet if the caretaker can no longer serve
If you have a long-lived or exotic animal, like a horse or a parrot, their care takes special attention, and a pet trust requires specialized drafting. For animals like these, a pet trust allows you to be highly specific about instructions for their care over the entirety of their lifetime, which is a level of detail a will simply doesn’t allow.
Another benefit to creating a pet trust is sitting down with a professional and accounting for the increased cost of caring for your pet as they age. Simply multiplying the average annual cost of care for a two-year-old dog likely won’t cover the cost of the health challenges they’ll face as a senior, and creating a pet trust is an excellent way to ensure you have sufficient money set aside.
Do you need a pet trust?
Not every pet owner needs to go as far as a trust. Here’s how to decide what’s right for you.
A pet trust is likely the right choice if:
- Your pet has ongoing care costs: Older animals, pets with chronic health conditions, horses, parrots, and other long-lived animals may need years of specialized care after you’re gone. Even healthy pets cost more than you might think; according to Rover’s 2025 True Cost of Pet Parenthood report, the average lifetime cost of care is about $35,000 for a 10-year-old dog, or $32,000 for a 16-year-old cat. For a pet with a long expected lifespan or existing medical needs, the total cost over the animal’s remaining life may be worth protecting with a legal structure.
- You don’t have an obvious person who can both care for the pet and manage money responsibly: If those are two different people in your life, a trust lets you divide the roles, so the caretaker handles the animal and the trustee handles the funds.
- You want legal certainty: If the thought of your pet ending up without proper care because an informal arrangement fell apart feels unacceptable, a trust gives you a legally enforceable way to prevent that outcome.
- You want to cover incapacity: A trust takes effect the moment you’re incapacitated. If you’re hospitalized, the caretaker can step in immediately with funds available. A will does nothing until after you die.
A will might suffice if:
- Your pet is healthy,
- Your estate is straightforward,
- You have a trusted person who is genuinely committed to taking care of your pet, and
- They have the means to care for them without a dedicated fund while your will goes through probate.
If those conditions are all true, a will with a provision naming the caretaker and leaving a direct gift (with a clear understanding of your wishes) may be enough. The right choice for you will depend on how much certainty you need and how much you trust an informal arrangement to hold up after you’re gone.
How much does a pet trust cost in Georgia?
In addition to the cost of the trust itself, the bigger question is: how much should I set aside for my pet’s care? One good method is to estimate your pet’s expected remaining lifespan and multiply it by their average annual care costs.
As discussed above, this figure averages at around $35,000 for lifetime care of a 10-year-old dog. For horses, specialty animals, or pets with existing health conditions, annual costs can run significantly higher.
A reasonable trust fund for a healthy dog might cover 10 to 15 years of expected care at the annual cost you’re currently spending, plus a buffer for veterinary emergencies (often the largest expense).
Pet trust vs. pet will provision: A quick recap
| Pet provision in a will | Georgia pet trust | |
| Legally enforceable? | No; funds are a gift to the caretaker | Yes; funds must be used for pet care |
| Avoids probate? | No | Yes |
| Takes effect at incapacity? | No | Yes |
| Controls remainder funds? | No | Yes |
| Allows specific, binding care instructions? | No | Yes |
| Timeline for access to funds | After probate | Immediately |
For a deeper dive, read our article that specifically compares Pet Trusts vs. Pet Wills
How pet planning fits into your larger estate plan
A pet trust doesn’t have to be a separate, standalone project. For most clients, pet planning is just one part of a complete estate plan, addressed alongside guardianship, asset distribution, power of attorney, and other considerations.
A pet trust can be incorporated directly into a revocable living trust, which means the terms that cover your pet sit alongside the terms that cover everything else. There’s just one coordinated plan, one signing, and one document your family can actually follow.
Every Siedentopf Law client leaves with a One-Page Plan, a single-page flowchart that maps how your assets flow, who’s responsible at each stage, and what should happen at incapacity or death. For clients with pets, that includes exactly what your designated caretaker should do and what resources they’ll have access to and when.
Ready to make sure your pet is taken care of? If you want to build your pet’s care into your estate plan, let’s talk.
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Frequently asked questions
Can you leave money directly to your pet in your will?
No, pets cannot be legal beneficiaries of a will. What you can do is name a caretaker in your will and leave them a monetary gift intended for your pet’s care. The limitation is that once that money transfers, it is the legal property of the caretaker. There’s no enforcement mechanism requiring it to be used for your pet.
Do I need to name a guardian for my pets in my will?
Georgia doesn’t use the term “guardian” for pets the way it does for minor children. Pets are legally considered property, so the person you designate to care for them is called a caretaker, not a guardian. You can name a caretaker in your will, but that person can decline to take your pet, and any funds left to them are a gift they can spend however they choose. A pet trust makes your caretaker designation legally enforceable and ensures funds are actually used for your pet’s care.
What happens to my pet if I die without a will in Georgia?
Your pet passes as personal property under Georgia’s intestate succession laws (O.C.G.A. § 53-2-1), which means they’ll go to your next of kin in statutory order. That person has no legal obligation to care for your pet or to follow your instructions, so it’s best to create some form of plan while you’re alive and able.
Who should I name as caretaker vs. trustee in a pet trust?
The caretaker is the person who physically cares for your pet day to day. The trustee manages the money and makes distributions to the caretaker. They can be the same person, but it can be a good idea to separate these roles for accountability.
Can a pet trust cover multiple animals?
Yes, you can include multiple pets in a single pet trust. Under O.C.G.A. § 53-12-28, the trust continues until the death of the last surviving animal covered by the trust.
How long does a pet trust last in Georgia?
Pet trusts are valid for the life of the pet. If multiple pets are named, they are valid until the death of the last surviving pet covered by the trust. Georgia’s statute does not impose a maximum trust duration for pet trusts.
What happens to the money left in a pet trust after my pet dies?
Whatever you specify in the trust document. Common choices include a gift to the caretaker, a donation to an animal charity, or distribution back into your broader estate. If you don’t specify, Georgia intestate law dictates the outcome.
