Who Will Take Care of Your Pet? Notes on The California Pet Trust

May is Pet Appreciation Month at Trust Brasil. It is also an opportunity to address a topic every pet owner should take seriously: how to legally ensure your pet is protected if you become incapacitated — or pass away.

The question is direct: who will care for your pet, and with what resources? Without a proper legal plan, that answer is left to others — or to chance.

What California Law Says About Your Pet

Before anything else, there is a legal reality that surprises most people: under California law, pets are classified as personal property. This means that without legal documentation, your pet's fate is treated the same as any other asset in your estate.

The result? Your animal could go to someone you never chose — or, in more serious scenarios, to a shelter.

The Pet Trust — Real Protection, Written into Law

The good news is that California has a specific legal tool for exactly this: the Pet Trust, governed by California Probate Code § 15212. A Pet Trust is a trust — a cornerstone of American estate planning — created specifically to ensure the care of your animal after your death or incapacity.

With a well-structured Pet Trust, you can:

→ Name a trustee (trust manager) responsible for administering the funds dedicated to your pet;

→ Designate a trusted caregiver for the animal's daily care;

→ Set aside funds for veterinary costs, food, housing, and medical emergencies;

→ Determine what happens to remaining funds when your pet passes away.

The trust remains active for the duration of the animal's life. Note that if the reserved amount is deemed disproportionately high, a court may reduce it — but the instrument is fully recognized and enforceable under California law.

Will vs. Pet Trust — Why a Will Alone Is Not Enough

Many people include a provision in their will for pet care. That intention is valid — but it comes with important practical limitations you need to know.

First: a will goes through the probate process in California, which can take months or even years and involves significant court costs.

Second: a will only takes effect after death. It does not cover scenarios of temporary incapacity — hospitalization, accident, or serious illness.

Third: without a trust, there is no legal mechanism to guarantee that funds are actually used for your pet's care.

A Pet Trust can be activated both upon death and incapacity, and provides real control over how resources are managed and used.

Temporary Incapacity — The Document That Protects Your Pet Today

Another essential instrument is the Durable Power of Attorney for Finances. With it, your trusted person can act on your behalf — including making decisions and using resources to care for your pet — while you are incapacitated.

Without this document, even your closest family members may not have the legal authority to act for you. This applies to both financial accounts and urgent veterinary decisions.

How to Size Your Pet Trust

There is no one-size-fits-all answer. The right amount considers:

→ The animal's species, breed, and life expectancy;

→ Health history and annual veterinary costs;

→ Food, housing, and potential professional caretakers;

→ A reserve for medical emergencies.

An estate planning attorney can help you determine the right amount and structure the trust in a way that is legally valid under California law.

Care for Those Who Care for You

At Trust Brasil, we understand that estate planning goes beyond real estate and bank accounts. It is about the lives — human and animal — that depend on your decisions today.

If you have never thought about how to legally protect your pet, I invite you to schedule a Peace of Mind Planning Session with our office. We will discuss wills, trusts, powers of attorney, and everything you need to have a complete and reassuring plan.

📞 (925) 222-7921 | 📧 trustbrasilinfo@gmail.com | 🌐 trustbrasil.info | 📸 @trustbrasilinfo

The information in this article is for general educational purposes only and does not constitute legal advice. No attorney-client relationship is formed by reading this content. Laws may change; consult a qualified attorney for advice specific to your situation. | Drielle Bennett, Esq. | CA Bar #333417 | OAB/DF #44226