ProbatePedia Pet Trust Template — v1.0 March 2026

attorney-reviewed · state-adaptable · all 50 states

PET CARE TRUST AGREEMENT

(The _________________________ Pet Trust)

⚑ INSTRUCTIONS TO USER — READ BEFORE COMPLETING

Fill in every blank marked [___]. Replace all bracketed placeholders with your specific information. Review the State Customization Notes (Document 5) for any provisions specific to your state. Have this document reviewed and executed before a Notary Public. Keep the original in a safe place and give copies to your Trustee and Caregiver. Attach completed Schedule A (Pet Identification), Schedule B (Care Instructions), and Schedule C (Funding Calculation) before signing.

RECITALS

This Pet Care Trust Agreement ("Agreement") is entered into as of ____________, 20, by and between:

SETTLOR:[Your Full Legal Name], residing at [Your Address] ("Settlor")

TRUSTEE:[Trustee Full Name], residing at [Trustee Address] ("Trustee")

CAREGIVER:[Caregiver Full Name], residing at [Caregiver Address] ("Caregiver")

WHEREAS, the Settlor desires to provide for the care and maintenance of the pet(s) described in Schedule A (the "Animal" or "Animals") in the event of the Settlor's death or incapacity; and

WHEREAS, the Settlor has full confidence in the Trustee and Caregiver to carry out the purposes of this Trust;

NOW, THEREFORE, the Settlor hereby declares and establishes this Trust on the following terms:

ARTICLE I — ESTABLISHMENT AND PURPOSE

Section 1.1 — Name and Establishment

The Settlor hereby establishes the [_____________] Pet Care Trust (the "Trust"), effective upon execution of this Agreement. This Trust is established pursuant to the laws of the State of [State], including [INSERT YOUR STATE'S PET TRUST STATUTE — see Document 5 for your state's citation].

Section 1.2 — Purpose

The sole purpose of this Trust is to provide for the care, maintenance, health, and welfare of the Animal(s) identified in Schedule A to this Agreement. No Trust assets shall be used for any purpose other than the care of the Animal(s) named in Schedule A and the reasonable administrative costs of the Trust.

Section 1.3 — Activation

This Trust shall become operative upon the earliest of: (a) the Settlor's death; or (b) the Settlor's incapacity, as determined by one (1) licensed physician's written statement that the Settlor is unable to care for the Animal(s).

ARTICLE II — TRUST PROPERTY

Section 2.1 — Initial Funding

The Settlor transfers and assigns to the Trustee the sum of $[___________] (the "Initial Trust Property"), to be held, managed, and administered by the Trustee in accordance with the terms of this Agreement. See Schedule C for the funding calculation supporting this amount.

Section 2.2 — Additional Contributions

Additional property may be added to the Trust at any time by the Settlor or by any third party, subject to the Trustee's acceptance. Any additional property shall become subject to the terms of this Agreement upon acceptance by the Trustee.

Section 2.3 — Investment

The Trustee shall invest Trust assets prudently, considering the Trust's purpose, duration, and the need to make regular disbursements for the Animal's care. The Trustee is authorized to hold cash, money market funds, short-term certificates of deposit, bonds, or a conservative balanced portfolio. The Trustee shall not invest in speculative investments. The primary objective is capital preservation and liquidity, not growth.

ARTICLE III — TRUSTEE DUTIES

Section 3.1 — General Duty

The Trustee shall hold, manage, and disburse Trust assets solely for the care, maintenance, health, and welfare of the Animal(s) named in Schedule A, in accordance with the care standards set forth in Schedule B (Pet Care Instruction Schedule).

Section 3.2 — Disbursements

The Trustee shall make disbursements to the Caregiver upon receipt of documentation of legitimate care expenses, including: (a) veterinary care receipts; (b) food and supply receipts; (c) grooming receipts; (d) boarding receipts; and (e) such other documented expenses consistent with Schedule B. The Trustee may establish a monthly or quarterly reimbursement schedule and may maintain a reasonable petty cash allowance for the Caregiver for routine daily expenses.

Section 3.3 — Emergency Care

The Trustee is authorized to disburse up to $[___________] (the "Emergency Authorization Amount") for emergency veterinary care without prior documentation, provided the Caregiver promptly provides receipts within 30 days of the emergency. The Trustee shall increase or adjust the Emergency Authorization Amount by written amendment as veterinary costs change.

Section 3.4 — Oversight of Caregiver

The Trustee may, at reasonable intervals not less than once per year, request: (a) veterinary records confirming the Animal is receiving regular care; (b) written update from the Caregiver regarding the Animal's health and welfare; and (c) such other verification as the Trustee reasonably deems necessary. The Trustee may withhold disbursements if the Caregiver fails to provide requested verification within 30 days.

Section 3.5 — Accounting

The Trustee shall maintain accurate records of all receipts and disbursements and shall provide an annual accounting to the Caregiver and, upon request, to the Settlor (if living and competent) or to any person named as Enforcer in Section 6.1.

ARTICLE IV — CAREGIVER

Section 4.1 — Primary Caregiver

[Caregiver Full Name] is designated as the primary Caregiver. The Caregiver agrees to: (a) provide or arrange for the daily care of the Animal in accordance with the care standards set forth in Schedule B; (b) maintain regular veterinary care; (c) notify the Trustee promptly of any significant health change; (d) not transfer, surrender, sell, or rehome the Animal without the Trustee's prior written consent; and (e) provide the Trustee with annual verification of the Animal's welfare as requested under Section 3.4.

Section 4.2 — Successor Caregiver

If the primary Caregiver is unable or unwilling to serve, [Successor Caregiver Full Name], residing at [Address], is designated as Successor Caregiver with the same duties and obligations. A second successor caregiver may be designated: [Second Successor Full Name], residing at [Address].

Section 4.3 — Organizational Backup

If no named Caregiver is available and willing to serve, the Trustee is authorized and directed to transfer the Animal to [Name of Organization / Rescue / Sanctuary / Humane Society], which has agreed to provide care for the Animal in accordance with Schedule B, with a contribution from the Trust of $[___________]. The Trustee shall contact this organization within 30 days of the Caregiver vacancy.

Section 4.4 — Removal of Caregiver

The Trustee may remove the Caregiver and transfer care to the Successor Caregiver if: (a) the Caregiver fails to maintain care standards set forth in Schedule B; (b) the Caregiver fails to maintain required veterinary care; (c) evidence of Animal neglect or abuse; or (d) the Caregiver relocates outside [specify geographic limit, e.g., 'the continental United States'] without prior Trustee approval.

ARTICLE V — TRUSTEE SUCCESSION

Section 5.1 — Successor Trustee

If the primary Trustee is unable or unwilling to serve, [Successor Trustee Full Name], residing at [Address], shall serve as Successor Trustee with all the same powers and duties. If the Successor Trustee is also unable to serve, [Second Successor Trustee Full Name] shall serve.

Section 5.2 — Corporate Trustee

[Optional — delete if not using] If no named individual Trustee is available, [Name of Bank or Trust Company], a licensed trust company, is authorized to serve as Corporate Trustee at its then-current fee schedule.

Section 5.3 — Trustee Resignation

A Trustee may resign by providing 30 days' written notice to the next Successor Trustee and the Caregiver. Upon resignation, the resigning Trustee shall provide a complete accounting and transfer all Trust assets to the Successor Trustee.

ARTICLE VI — ENFORCEMENT

Section 6.1 — Enforcer

[Enforcer Full Name], residing at [Address], is designated as the Enforcer of this Trust (required in states such as Texas and others; see Document 5). The Enforcer has standing to petition the court of competent jurisdiction to enforce the terms of this Trust, to compel compliance by the Trustee or Caregiver, and to seek removal of the Trustee or Caregiver for cause. [If your state allows any interested person to enforce — see Document 5 — you may delete this section or keep it in addition.]

Section 6.2 — Court Enforcement

Any person interested in the welfare of the Animal may petition the court of competent jurisdiction to: (a) compel compliance with the terms of this Trust; (b) remove and replace the Trustee; (c) remove and replace the Caregiver; (d) modify Trust terms if circumstances make continuation impracticable; or (e) terminate the Trust if the Animal's care can no longer be provided.

ARTICLE VII — TERMINATION

Section 7.1 — Natural Termination

This Trust shall terminate upon the death of the last surviving Animal named in Schedule A.

Section 7.2 — Distribution of Remainder

Upon termination, the Trustee shall: (a) pay all final expenses of the Animal's care, end-of-life veterinary care, and burial or cremation in accordance with Schedule B; (b) pay all outstanding Trustee fees and administrative expenses; and (c) distribute the remaining Trust assets to [Remainder Beneficiary Full Name] (the "Remainder Beneficiary"), or if the Remainder Beneficiary predeceases, to [Alternate Remainder Beneficiary].

Section 7.3 — Charitable Remainder Option

[Optional] In lieu of or in addition to an individual remainder beneficiary, the Settlor designates [Name of Animal Welfare Organization] as charitable remainder beneficiary to receive $[] or []% of remaining Trust assets upon termination.

ARTICLE VIII — TRUSTEE POWERS

In addition to all powers granted by applicable state law, the Trustee shall have the power to: (a) hold and invest Trust assets; (b) open and maintain bank and brokerage accounts; (c) retain professionals (veterinarians, attorneys, accountants) and pay reasonable fees from Trust assets; (d) execute contracts for animal care services; (e) make reasonable payments to Caregiver for documented expenses; (f) seek court instruction if uncertain about the proper course of action; and (g) take all actions reasonably necessary to carry out the purposes of this Trust.

ARTICLE IX — GOVERNING LAW AND MISCELLANEOUS

This Trust is governed by the laws of the State of [State]. If any provision of this Trust is found invalid, the remaining provisions shall remain in effect. This Agreement constitutes the entire agreement between the parties regarding the subject matter hereof. Amendments must be in writing and signed by the Settlor (if living and competent) and the Trustee.

EXECUTION

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

SETTLOR: ___________________________________ Date: ___________

Print Name: [Your Full Name]

TRUSTEE: ___________________________________ Date: ___________

Print Name: [Trustee Full Name]

CAREGIVER: ___________________________________ Date: ___________

Print Name: [Caregiver Full Name]

NOTARY ACKNOWLEDGMENT — required in most states

State of __________, County of __________. On this ___ day of _____, 20, before me personally appeared [Name], known to me or proved on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity.

Notary Public: ___________________________ Commission Expires: ___________ [Notary Seal]

SCHEDULE A — ANIMAL IDENTIFICATION

| ContentAnimal 1ContentAnimal 2 (if applicable)** | | --- | --- | --- | | Animal name | | | | Species / breed | | | | Color / markings | | | | Date of birth / approximate age | | | | Sex | | | | Microchip number | | | | License / registration number | | | | Current veterinarian (name + phone) | | | | Current location / home | | | | Photograph attached? | ☐ Yes ☐ No | ☐ Yes ☐ No |

SCHEDULE B — PET CARE INSTRUCTION SCHEDULE

⚑ Complete this schedule in as much detail as possible. The more specific your instructions, the better your Caregiver and Trustee can meet your pet's needs and the harder it is for a court to challenge the trust's care standards.

| ContentYour Pet's Specific Instructions** | | --- | --- | | Diet — food brand and type | | | Diet — portions and frequency | | | Diet — treats (permitted / not permitted) | | | Diet — foods NEVER to give (allergies, toxic foods) | | | Exercise requirements | | | Grooming schedule | | | Veterinary care — regular schedule | Annual wellness: ☐ Yes Every ___ months Dental: ☐ Annual ☐ Other: _______ Vaccinations due: _______ | | Current medications / supplements | Name: _____ Dose: _____ Frequency: _____ | | Known health conditions | | | Behavioral notes (fears, triggers, personality) | | | Sleeping arrangements | | | Social interaction — other animals | | | Social interaction — people | | | Favorite toys / activities | | | End-of-life wishes | Palliative care: ☐ Yes, pursue aggressively ☐ Comfort only Euthanasia: authorize if ___________________ After death: ☐ Burial at _____ ☐ Cremation ☐ Veterinarian to arrange |

SCHEDULE C — FUNDING CALCULATION WORKSHEET

Complete this worksheet and attach it to your trust as evidence that the funding amount is reasonable (important for courts with 'excessive funds' authority — see PT-2 and PT-3).

| ContentYour EstimateContentNotes** | | --- | --- | --- | | Current age of Animal | | | | Estimated life expectancy (conservative) | | See PT-3 life expectancy table | | Remaining years to fund | | Life expectancy minus current age | | Annual food cost | $ | | | Annual routine veterinary cost | $ | | | Annual grooming / care | $ | | | Annual supplies / other | $ | | | Total annual cost | $ | Sum of above four items | | × Remaining years | × | | | Subtotal (unadjusted) | $ | | | + Inflation adjustment (multiply by factor from PT-3) | × | Use 1.37 for 10 yrs, 1.67 for 15 yrs, 2.03 for 18 yrs, 2.67 for 25 yrs at 4% | | Inflation-adjusted base cost | $ | | | + Emergency reserve (20–30% of base) | $ | | | + End-of-life reserve | $ | $2,000–$8,000 for dogs/cats; more for horses | | + Caregiver compensation (if any) | $ | Optional | | + Trustee fee buffer (5–10% of total) | $ | | | Content$** | Round to nearest $1,000; add modest buffer |

Document 2 of 5: Pet Care Instruction Schedule is embedded in Schedule B above. Document 3: Funding Worksheet is Schedule C above. Documents 4 and 5 (Emergency Pet Card + State Notes) are provided as separate files in the download package.

This template package includes: (1) This Trust Agreement with Schedules A–C (2) Standalone Pet Care Instruction Schedule PDF (3) Funding Calculation Worksheet (Excel-compatible) (4) Emergency Pet Card — print and carry in wallet (5) State Customization Notes — specific guidance for CA, NY, TX, FL, and UTC §408 states

ProbatePedia Pet Trust Template · probatepedia.com/pet-trust/template/

v1.0 March 2026 · For personal use only — not for redistribution or resale


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