Florida Statute 736.0408
“Trust for care of an animal”
What it means
A trust may be created to provide for the care of an animal alive during the settlor's lifetime. It terminates on the death of the animal or, if it covers more than one animal alive during the settlor's lifetime, on the death of the last surviving animal.
The trust may be enforced by a person appointed in the terms of the trust or, if none is appointed, by a person appointed by the court. A person with an interest in the animal's welfare may ask the court to appoint or remove an enforcer.
Trust property may be applied only to the intended use, except to the extent the court determines the value exceeds the amount required. Unless the terms say otherwise, property not required must be distributed to the settlor if then living, otherwise as part of the settlor's estate. This is one of the exceptions to the definite-beneficiary requirement in § 736.0402(1)(c).
- The trust provides for an animal alive during the settlor's lifetime (§ 736.0408(1)).
- It ends at the animal's death, or at the death of the last surviving animal if several are covered (§ 736.0408(1)).
- Enforcement is by a person named in the trust or, if none, appointed by the court (§ 736.0408(2)).
- A person having an interest in the animal's welfare may ask the court to appoint or remove an enforcer (§ 736.0408(2)).
- Trust property may be applied only to the intended use, except for value the court finds exceeds what is required (§ 736.0408(3)).
- Unless the terms say otherwise, the excess goes to the settlor if living, otherwise to the settlor's estate (§ 736.0408(3)).
Text of the statute (2026)
A trust may be created to provide for the care of an animal alive during the settlor’s lifetime. The trust terminates on the death of the animal or, if the trust was created to provide for the care of more than one animal alive during the settlor’s lifetime, on the death of the last surviving animal.
A trust authorized by this section may be enforced by a person appointed in the terms of the trust or, if no person is appointed, by a person appointed by the court. A person having an interest in the welfare of the animal may request the court to appoint a person to enforce the trust or to remove a person appointed.
Property of a trust authorized by this section may be applied only to the intended use of the property, except to the extent the court determines that the value of the trust property exceeds the amount required for the intended use. Except as otherwise provided in the terms of the trust, property not required for the intended use must be distributed to the settlor, if then living, otherwise as part of the settlor’s estate.
Excerpts are the subsections the summary relies on. Read the full official text of § 736.0408.
History. s. 4, ch. 2006-217.
How it applies
A trust under § 736.0408 covers an animal alive during the settlor's lifetime. The terms may appoint an enforcer; if they do not, the court appoints one, and a person with an interest in the animal's welfare may ask the court to appoint or remove an enforcer. Under subsection (3), the court may determine that trust property exceeds the amount required for the intended use. Unless the terms provide otherwise, that excess goes to the settlor if living, otherwise to the settlor's estate, so the amount of funding relative to the animal's care bears on how much may be returned.
Where this shows up
Pages on this site where § 736.0408 does real work:
- Florida will checklist: who may make a will, signing and witness rules under section 732.502, the self-proving affidavit, and decisions on beneficiaries, personal representative, guardian and homestead
- Pet trusts in Florida under § 736.0408: setup, funding, caregiver, trustee and enforcement
- Alexander McQueen
- Gail Posner
- Gunther the German Shepherd
- Jeremy Bentham
- John Porter Bowman
- Karl Lagerfeld
- Leona Helmsley
- The animals who inherited
Questions people ask
Sources
- Florida Statutes (2026), s. 736.0408 (Official text and History line.)
- Florida Statutes (2026), s. 736.0402 (Animal trust as an exception to the definite-beneficiary requirement, § 736.0402(1)(c)2.)
Last checked: October 17, 2026
Published by the Probate.Help editorial team.How these pages are written and checked.