Pets and Probate

Planning for Animal Care After Death in Texas

In Texas, pets are treated as property and won’t automatically go to a loving home. Include them in your estate plan through a will, trust, or letter of instruction. Executors should act fast to secure pets and place them with responsible caregivers if no provisions were made.

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At Integrity Estate Consultants, we pride ourselves on being the premier estate management and closure firm locally. Our expertise lies in assisting families daily, helping them navigate the complexities of their probate proceedings alongside their attorneys. Our goal is to help families return to normalcy by enabling administrators to close their estates as swiftly and cost-effectively as possible. We streamline the entire process, allowing administrators to focus on work, family, and other important matters, confident that their estate is being handled by a team of professionals.

Our knowledge is vast and far-reaching. We have helped hundreds of families and plan to assist thousands more by 2035. From the most complex estates to the simplest and even the downright messiest, we’ve seen it all and know our stuff.

Introduction

Pets and Probate: Planning for Animal Care After Death in Texas

For many Texans, pets are beloved family members. But what happens to them when their owner passes away? Unless specific arrangements are made, pets can end up in shelters or with people unprepared to care for them. Texas probate law does not treat pets as legal heirs, so planning for their care must be proactive.

The Legal Status of Pets in Texas

Under Texas law, pets are considered personal property. This means they can be inherited, gifted, or distributed like any other item in the estate. However, since animals are living beings, ethical and logistical considerations make it essential to plan ahead.

Key Planning Options for Pet Owners

1. Include Pet Provisions in a Will

You can name a beneficiary for your pet in your will and leave funds for its care. However, this approach is imperfect:

  • Wills go through probate, which may delay care.
  • There’s no legal obligation for the beneficiary to use funds for the pet.

2. Create a Pet Trust

Texas allows legally enforceable pet trusts under Section 112.037 of the Texas Property Code.

  • You designate a caregiver and a trustee.
  • Funds are held in trust for the pet’s benefit.
  • The trustee oversees spending to ensure the pet receives proper care.

Pet trusts are ideal for long-lived or high-maintenance animals.

3. Designate Caregivers and Alternates

Whether in a will or a trust, you should always name multiple potential caregivers. Life circumstances can change, and your first choice might be unable to accept the pet.

4. Letter of Instruction

Though not legally binding, a detailed letter about your pet’s habits, diet, vet contacts, and preferences can be invaluable to future caregivers.

F.A.Q

Not directly. You can leave money to a person or trust for the pet’s care, but pets cannot legally inherit assets.

It’s legally enforceable and ensures funds are used for your pet, with oversight from a trustee.

You should name alternate caregivers in your documents to ensure continuity of care.

What Happens If You Don’t Make Arrangements?

If no provisions are made:

  • Pets may be taken to a shelter by law enforcement or estate administrators.
  • Family members may not be equipped or willing to take them.
  • Delays in probate may leave pets without immediate care.

Executor’s Role in Handling Pets

If the decedent made no pet arrangements, the executor should:

  • Secure the pet immediately upon notification of death.
  • Ensure food, water, and shelter.
  • Try to locate willing family or friends.
  • Consider placing the pet temporarily in foster care or with local rescues.

Organizations That Can Help

  • Texas Humane Legislation Network: Advocacy and support for animal welfare.
  • SPCA of Texas: May offer rehoming assistance or referrals.
  • Local Pet Sanctuaries or Breed Rescues: Often have networks for placement.

Conclusion

Planning for pets in your estate isn’t just kind—it’s critical. A pet trust offers legal protection, while naming caregivers in a will or instruction letter ensures smoother transitions. Executors should act quickly to secure and rehome pets if the decedent left no plan. Proactive planning prevents confusion and provides peace of mind that furry companions will be loved and safe.

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DISCLAIMER

Integrity Estate Consultants, LLC asserts that we are not a licensed lawyer, and this article is intended solely for providing general guidance and information from our collaborative experience, and should not be considered as legal advice or a substitute for consulting with a qualified attorney. For any specific legal grievances related to personal probate cases, we strongly advise individuals to seek professional legal counsel and engage the services of a licensed attorney.

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