Pet trusts in Florida under § 736.0408: setup, funding, caregiver, trustee and enforcement
Florida's pet-trust statute, § 736.0408, lets a trust provide for an animal alive during the settlor's lifetime. This page covers how to create one, who enforces it, how to size the funding, what happens to leftover money and the mistakes the statute makes costly, each with its source.
A Florida pet trust is a trust created "to provide for the care of an animal alive during the settlor's lifetime." The trust ends on the death of the animal or, if it covers more than one animal, on the death of the last surviving animal (§ 736.0408(1), Fla. Stat. (2026)).
A pet trust can be written into a will or into a living trust. The settlor puts money in, the trustee holds it, and a person named in the trust enforces it. Money the animal's care does not need goes where the trust says. If the trust is silent, it goes to the settlor if living, otherwise as part of the settlor's estate (§ 736.0408(3)).
This page cites the 2026 Florida Statutes for each rule. The Sources section lists every cite, last checked October 17, 2026.
- Animals covered: an animal alive during the settlor's lifetime. One trust can cover several animals.
- Duration: until the animal dies, or until the last surviving animal dies. Section 736.0408 states no number of years.
- Enforcement: by a person named in the trust, or if none is named, by a person the court appoints. A person with an interest in the animal's welfare may ask the court to appoint or remove an enforcer.
- Use of the money: only for the intended use, except that the court may release the amount that exceeds what the intended use requires.
- Leftover money: as the trust terms provide. If they do not, to the settlor if living, otherwise as part of the settlor's estate.
What § 736.0408 says
| Subject | Rule | Subsection |
|---|---|---|
| Animals covered | A trust may be created for the care of an animal alive during the settlor's lifetime. The statute does not describe animals born after the settlor's death. | (1) |
| When the trust ends | On the death of the animal. If the trust covers more than one animal alive during the settlor's lifetime, on the death of the last surviving animal. | (1) |
| Who enforces | A person appointed in the terms of the trust or, if no person is appointed, a person appointed by the court. A person having an interest in the welfare of the animal may ask the court to appoint a person to enforce the trust or to remove a person appointed. | (2) |
| How the money is used | Only for the intended use, except to the extent the court determines the trust property exceeds the amount required for the intended use. | (3) |
| Leftover property | Unless the terms say otherwise, property not required for the intended use goes to the settlor if living, otherwise as part of the settlor's estate. | (3) |
Source: § 736.0408, Fla. Stat. (2026), created by s. 4, ch. 2006-217. Section 736.0402(1)(c)2. lists the animal trust as an exception to the rule that a trust needs a definite beneficiary (§ 736.0402).
Where to put a pet trust
Among the methods in § 736.0401, a trust may be created by transferring property to a trustee during the settlor's lifetime or by will, by the owner declaring that the owner holds identifiable property as trustee, or by exercise of a power of appointment in favor of a trustee. Table 2 compares three vehicles for a pet trust.
| Vehicle | When the money is in the trust | Formalities | Source |
|---|---|---|---|
| Clause in a will | After the court admits the will and the personal representative distributes the property. The animal needs a person to care for it before then. | A will must be signed at the end and witnessed by at least two attesting witnesses. | § 732.502; § 736.0401(1) |
| Clause in a revocable living trust | On the date the trust is funded, and again at death for assets that were not retitled and pass through a pour-over will. | For a Florida domiciliary, provisions that take effect at death in favor of anyone other than the settlor's estate must be executed with will formalities. | § 736.0403(2)(b); § 732.513 |
| Separate pet trust | On the date the trustee receives the property. | The trust requirements in § 736.0402 apply. A trust of real property must comply with s. 689.05. | § 736.0402; § 736.0403(2)(a) |
A revocable trust that is not funded is covered in the trust funding guide. Property in a revocable trust at the settlor's death remains liable for the expenses and obligations of the settlor's estate to the extent the estate cannot pay them (§ 733.707(3); § 736.05053).
Who does what
The statute names one role, the person who enforces the trust. The trustee and the caregiver are roles the document creates. A trustee must administer the trust in good faith, in accordance with its terms and purposes (§ 736.0801), as a prudent person would (§ 736.0804).
| Role | What the person does | Source |
|---|---|---|
| Trustee | Holds and invests the money, pays for the animal's care under the terms, keeps the trust within its intended use. | § 736.0801; § 736.0804 |
| Caregiver | Keeps the animal. The statute does not define this role, so the terms name the person, the standard of care and how the caregiver is reimbursed. | Trust terms |
| Enforcer | Asks the court to compel the trustee or caregiver if the terms are not followed. Named in the terms. If none is named, the court appoints one on request of a person with an interest in the animal's welfare. | § 736.0408(2) |
| Successors | Take over if a named person cannot or will not act. If no enforcer is named, the court appoints one under § 736.0408(2). | § 736.0408(2) |
Splitting the trustee and caregiver roles is a drafting choice, not a statutory requirement. Section 736.0402(1)(e) prohibits only one person being the sole trustee and sole beneficiary (§ 736.0402(1)(e)).
How much to put in the trust
Florida sets no minimum or maximum. The court may release the amount that exceeds what the intended use requires (§ 736.0408(3)), so an oversized trust invites a petition. A trust that is too small has its own rule: after notice to the qualified beneficiaries, the trustee of a trust holding less than $50,000 may terminate it if the trustee concludes the value is insufficient to justify the cost of administration (§ 736.0414(1)). A spendthrift provision does not prevent that unless the instrument expressly says the trustee may not terminate under the section (§ 736.0414(4)).
Fill the worksheet below with a veterinarian's estimate and the animal's current age. The statute supplies no dollar figure for any line.
| Line | How to estimate it |
|---|---|
| Annual routine cost | Food, preventive veterinary care, licensing, grooming, boarding when the caregiver travels. |
| Years remaining | Veterinarian's estimate for the species, breed and current age. For several animals, the trust runs until the last one dies, so use the longest-lived animal for the end date. |
| Medical reserve | Chronic-condition treatment, emergency surgery and end-of-life care, as a separate line. |
| Caregiver payment | Stated in the terms if the caregiver is to be paid, with the amount or the formula. |
| Trustee costs | Compensation of the trustee and any tax return preparation, as the terms provide. |
| Total | Annual cost times years remaining, plus the reserve and costs above. Compare the total with the $50,000 line in § 736.0414(1). |
When the animal dies
The trust terminates on the death of the animal, or of the last surviving animal if there are several (§ 736.0408(1)). Property not required for the intended use is distributed as the terms provide. Without a provision, it goes to the settlor if then living, otherwise as part of the settlor's estate (§ 736.0408(3)).
Common choices for the leftover money are a named charity, the caregiver, a family member or the settlor's residuary estate. Each is a drafting choice made in the trust terms.
Pet trust compared with other arrangements
| Arrangement | Result | Source |
|---|---|---|
| Gift of the animal to a person in a will | A gift to a person. The document creates a duty to the animal only if it creates a trust that meets § 736.0402 and § 736.0408. | § 736.0402(1)(c) |
| Gift of money to a person with a request to care for the animal | A gift to a person unless the document creates a trust with a trustee who has duties. | § 736.0402(1)(d) |
| Trust for the animal | A trust with a trustee, an enforcer, a restricted use of the money and a remainder rule. | § 736.0408 |
Mistakes the statute makes costly
- No successor named. If no enforcer is named, the court appoints one on request (§ 736.0408(2)). Name successors for the trustee, caregiver and enforcer in the terms.
- Funding too little. A small trust can be terminated under § 736.0414(1) when the cost of administration is not justified.
- Funding too much. The court may release the excess (§ 736.0408(3)).
- Naming an animal acquired after the settlor's death. The statute covers an animal alive during the settlor's lifetime (§ 736.0408(1)). Describe replacement pets in the terms while the settlor is living.
- Leaving the trust unfunded. A revocable trust holds only what is titled or assigned to the trustee (§ 736.0401). Assets left out reach the trust through a pour-over will after probate (§ 732.513).
- Using one person for every role without a check. Nothing in the statute forbids it. The trustee's duties still apply (§ 736.0804).
- Forgetting estate debts. Revocable trust property can be reached for the settlor's estate obligations when the estate is insufficient (§ 733.707(3)).
Sources
Last checked: October 17, 2026. Statutes are cited to the 2026 Florida Statutes on the Florida Senate site. The text of each section was read on the Florida Legislature's Online Sunshine site (leg.state.fl.us) the same day.
- § 736.0408, Fla. Stat. (2026). Trust for care of an animal.
- § 736.0402, Fla. Stat. (2026). Requirements for creation.
- § 736.0401, Fla. Stat. (2026). Methods of creating trust.
- § 736.0403, Fla. Stat. (2026). Trusts created in other jurisdictions; formalities required for revocable trusts.
- § 736.0414, Fla. Stat. (2026). Modification or termination of uneconomic trust.
- § 736.0801 and § 736.0804, Fla. Stat. (2026). Duty to administer trust; prudent administration.
- § 736.05053, Fla. Stat. (2026). Trustee's duty to pay expenses and obligations of settlor's estate.
- § 733.707, Fla. Stat. (2026). Order of payment of expenses and obligations.
- § 732.502, Fla. Stat. (2026). Execution of wills.
- § 732.513, Fla. Stat. (2026). Devises to trustee.
What people ask us about this.
Can I leave money to my pet in Florida?
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How long can a Florida pet trust last?
How much should I put in a pet trust?
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Who can enforce a pet trust in Florida?
Can one trust cover more than one pet?
Does a pet trust cover a pet I get after I sign it?
Can the caregiver and the trustee be the same person?
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