Including Your Pets in Your Estate Plan
Because They Are Family Too
When most people think about estate planning, they focus on wills, trusts, and passing assets to children or loved ones. But for Tennessee pet owners, one important family member often gets overlooked: the family pet. Whether you have a loyal dog, a curious cat, or even a horse or parrot, your pet depends on you—and deserves to be included in your estate plan.
Here’s why and how to protect your pet’s future under Tennessee law.
Why Include Pets in Your Tennessee Estate Plan?
1. Pets Are Legally Property in Tennessee
Under Tennessee law, pets are considered personal property. This means they cannot inherit assets directly, and without a plan in place, their future can be uncertain. If no arrangements are made, a pet could end up with someone unprepared to care for them—or worse, in a shelter.
2. Informal Agreements Aren’t Legally Binding
You might assume a friend or relative will take your pet, but unless you formalize that wish in a legal document, there’s no guarantee it will happen. Estate plans ensure your intentions are honored.
3. Planning Lets You Set Expectations
A formal plan gives you the ability to choose who will care for your pet and how they should do it. You can also set aside money for your pet’s expenses and outline care instructions to maintain the quality of life they’re used to.
Your Legal Options in Tennessee
1. Include a Pet Provision in Your Will
Tennessee allows you to leave your pet to a trusted individual in your will, just like any other personal property. You can also leave that person a monetary gift intended for your pet’s care, though the recipient is not legally required to use the money that way unless it’s placed in a trust.
2. Create a Legally Enforceable Pet Trust
Tennessee is one of many states that recognizes statutory pet trusts under Tennessee Code Annotated § 35-15-408. This law allows you to create a trust specifically for the care of one or more pets.
A Tennessee pet trust can:
Appoint a caregiver for your pet
Name a trustee to manage funds
Outline how trust money should be spent (food, grooming, veterinary care, boarding, etc.)
Specify the type of care your pet should receive
Continue until your pet passes away (or, for multiple animals, until the last surviving one passes but may not exceed 90 years)
Importantly, the court can intervene if the caregiver or trustee isn’t acting in your pet’s best interest.
3. Add Specific Instructions
Whether you use a will or a trust, it’s wise to include details about your pet’s routine, diet, medications, and personality. This can ease the transition and ensure continuity of care.
A Thoughtful Step for Tennessee Pet Owners
Taking the time to legally plan for your pet’s future is a loving act—and in Tennessee, it’s completely doable. Whether your pet has feathers, fur, or hooves, including them in your estate plan ensures they’ll be safe, loved, and well-cared for no matter what the future holds.
Ready to Plan for Your Pet’s Future?
At the Law Office of Grace Keel Buchanan, we help Tennessee families create estate plans that reflect all of their loved ones—including the four-legged ones. Contact us today to get started with a custom plan that gives you peace of mind and gives your pet a secure future.
