When Pets and Probate Collide: Who Takes Fido When You're Gone?

by Michele Bellisari

By Michele Bellisari, Certified Probate Specialist and SRES | Platinum Group Real Estate Team

When someone passes away, the house gets all the attention. So do the bank accounts, the car, the paperwork, and the court dates.

Then someone opens the front door and there is a dog or a cat or a pet waiting by it or near it.

I have had dogs my whole life. Today I have two, Bennie and Brody, and one of them is a rescue. After 14 years of working probate and inherited properties, I can tell you this: the pet is the part of an estate almost nobody plans for out loud. People assume a loved one will "just take him." Often nobody has ever asked.

So let's talk about it.

First, the legal reality: pets are property

In Florida, as in most states, a pet is treated as personal property. A pet cannot inherit assets the way a person can. That surprises a lot of people.

It also means the pet becomes part of the estate. Under Florida Statute 733.607, the personal representative must take all steps reasonably necessary to manage, protect, and preserve the estate until it is distributed. A living animal in the house is part of that job. It cannot be ignored while the paperwork moves along.

If you are the personal representative and you cannot keep the pet

This is the situation I want every personal representative to know about before it happens. You were named to settle an estate, not to adopt a 90 pound Lab. Here are the options, roughly in the order I would try them.

Look for the plan first. Start with the will, even if it was written before the pet came along. One law firm that advises personal representatives suggests asking friends and loved ones whether the owner ever shared a wish about who should care for the pet. Also look for a pet trust. Florida allows a trust for the care of an animal alive during the settlor's lifetime under Statute 736.0408, and it can be enforced by a person named in the trust or, if none, by someone the court appoints. Per the Animal Legal and Historical Center, the trust ends when the covered animals have died.
Ask a beneficiary, a loved one, or a neighbor. This is often the fastest and gentlest outcome. Neighbors are frequently the first to know a pet exists, and often the first to say yes.
Arrange a temporary foster. A friend, relative, or neighbor can care for the animal until a permanent home is found.
Contact a lifelong care program. Florida has several. The Pet Cottage in Jupiter is a nonprofit providing lifelong guardianship for pets who lose their humans to death, disability, or deployment. The Leesburg Humane Society has a Forever Home Pet Trust program, and Halifax Humane Society offers a Pet Safe program that suggests a planned gift of at least $5,000. Many of these programs are built for owners to enroll in while they are alive, so call and ask what is possible when no one signed up ahead of time.
Try a rehoming platform. Shelter professionals point people to self-rehoming services such as Rehome by Adopt a Pet and Home to Home as an alternative to surrender.
Local animal services as a last resort. It happens. In 2024, Orange County Animal Services reported caring for four dogs whose owners had died or entered hospice, and noted that these pets tend to be older. One shelter program estimates that more than 500,000 pets enter shelters each year after an owner passes.

A few practical tips

When a new home is found, update the microchip and the registered vet with the new owner's details.
Check on the pet's health. Medical issues can surface after the owner is gone.
Florida personal representatives in formal administration generally must be represented by an attorney, so call the estate attorney before you sign over or surrender a pet. Ask how care costs are handled by the estate.

What the rich and famous teach us about pets and estates

Here is the fun part. Celebrities have given us some of the most entertaining (and instructive) pet estate stories.

Leona Helmsley and Trouble. The hotel and real estate mogul known as the "Queen of Mean" left her Maltese a $12 million trust fund. Her grandchildren challenged it, and the probate judge cut it to $2 million. Trouble still lived well, spending later years at a Helmsley-owned hotel in Sarasota, Florida, and died in 2010. The lesson: a pet can have a trust, but a court may trim an amount it finds excessive.

Karl Lagerfeld and Choupette. The Chanel designer's Birman cat is reported to have inherited a chunk of his fortune, and she is cared for by his former housekeeper. One law professor notes he left money directly to the cat, which is not the usual route. A more typical approach is to leave the pet to a trusted person along with a gift of cash earmarked for care.

Diane Keaton and Reggie. After the actor's death in October 2025, some outlets reported she left $5 million to her golden retriever. Treat that figure as reported, not confirmed.

Joan Rivers. She had two rescue dogs in Manhattan and two more in California, and made provisions for their care in her will. As a rescue dog mom myself, I love this one.

Alexander McQueen. The designer set up a £50,000 trust for his two bull terriers and also left £100,000 to Battersea Dogs and Cats Home, as reported by the same law professor. It is a nice reminder that most animals needing homes have no trust fund at all.

Bill Dorris and Lulu. Not a celebrity, but a Nashville businessman with no human heirs who left his border collie $5 million.

Gunther IV. A German countess left her fortune to her German shepherd Gunther III in 1991, and the estate then passed to his son, Gunther IV. Dollar figures vary widely between sources, but the headline lives on.

You do not need millions. You need a plan.

Have the conversation (this week, not someday)

Here is a simple checklist for anyone who shares a home with a pet.

Pick a caretaker and a backup. A law professor recommends naming an alternate in case your first choice cannot or will not take the role.
Ask them first. Confirm your chosen person is actually ready before you write their name down. Someone surprised by the job may rehome the pet.
Put it in writing. Use your will or revocable trust, or a Florida pet trust under Statute 736.0408. A pet trust names a trustee to manage the money and a caretaker to care for the pet, and it says who receives any leftover funds.
Fund it realistically. Think about food, vet care, grooming, and the pet's lifespan.
Write the care notes. Vet name, diet, medications, quirks, favorite spots, and microchip number. Keep them with your estate documents.
Tell your personal representative. Do not let them discover Snuffy on day one.
Consider a lifetime care program if no loved one is available, and enroll while you are able.
Remember the other animals. If you can, include a gift to a shelter or rescue.

The bottom line

A home is easy to list and sell. A dog who has lost his person is not.

Plan for the pet the same way you plan for everything else. And ask the people you love: if something happened to me, would you take care of my dog?

The answer might surprise you, and now is the time to find out.

This article is for general education and is not legal advice. I am a Realtor and Certified Probate Specialist, not an attorney. Please consult a Florida estate planning or probate attorney about your situation.