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Idaho Pet Trust Guide
Support GuideIdaho14 min read

Idaho Pet Trust Guide

Idaho allows pet trusts to fund care for animals after the owner's death. Alternatively, leave pets to a trusted caregiver.

By Settled Editorial

Idaho lets you leave money for your animal in a trust that a court will enforce, even though no Idaho statute mentions animals. The tool is the purpose trust in Idaho Code 15-7-601: a trust created for a noncharitable purpose, such as the care of your dog, needs no beneficiary, is enforced by a person you name, and runs on the terms you write.

Section 15-7-601 is short, and the things it leaves out are the things your document has to cover. This guide walks through what the section says, what it does not say, and the decisions that follow. Every rule here was read on the Idaho Legislature's own section pages on September 24, 2026. Read it as a planning map for Idaho law, and ask a licensed Idaho attorney to review any document before you sign it.

Idaho Has No Animal Section, So the Purpose Trust Does the Work

Idaho's trust law sits in Title 15, chapter 7, the trust administration chapter of the Idaho Uniform Probate Code. Part 6 of that chapter holds one section, 15-7-601, Purpose trusts, added in 2005 (ch. 99) and last amended in 2020 (ch. 82).

We looked for anything more specific before writing that sentence. We read the heading of every section in Title 15, all 549 of them, and every section heading in Title 68, chapter 1, which is headed Trusts. None is written for animals. So when this guide says "Idaho pet trust," it means a 15-7-601 purpose trust whose purpose is the care of an animal.

Here is why that matters. A trust usually needs someone who can hold the trustee to account, and an animal cannot sue. Section 15-7-601(2) removes that obstacle in one line: "A purpose trust does not need a beneficiary."

What Section 15-7-601 Says, Subsection by Subsection

You can create it by trust agreement or by will

Subsection (1) says a trust may be created for any purpose, charitable or noncharitable, under the terms of a trust agreement or will. A noncharitable trust created this way is a purpose trust and "shall exist to serve a purpose."

So you have two ways in. You can sign a stand-alone trust now, fund it now or later, and let it take over at your death. Or you can write the trust into your will, where it takes effect only after the will goes through probate. The first route avoids a gap while the estate is open; the second keeps everything in one document. Our guide to how an Idaho trust is set up covers the stand-alone route.

It needs no beneficiary

Subsection (2), quoted above, is what makes the whole arrangement possible. Your animal is the reason the trust exists, and Idaho does not ask you to pretend the animal is a beneficiary.

A person you name enforces it

Subsection (3) makes a purpose trust enforceable on the terms set forth in the trust agreement "by the person named to enforce the trust." It then adds a safety valve: failing to name an enforcer does not void the trust or make it unenforceable.

Subsection (4) lets the enforcer resign, be removed, or be replaced "in accordance with the trust." Your document controls those mechanics, so write them in.

The court steps in when no enforcer is acting

Subsection (5) covers the gap. If the named enforcer resigns, is removed, or is unwilling or unable to act, and no successor is named under the trust, the trustee "shall forthwith apply" to the court with jurisdiction over the trust for directions or for a court-appointed enforcer. The court may appoint one on such terms as it sees fit and designate how successors will be named.

Subsection (6) says that while no one is named or acting as enforcer, the court may exercise all powers necessary to enforce the trust so it serves its purpose.

Subsection (7) opens the courthouse door wider. Any interested person, as defined in section 15-1-201(25), may bring an action at law or in equity to enforce a purpose trust. That definition lists heirs, devisees, beneficiaries and others with a property right in or claim against a trust estate, and says its meaning varies with the purpose of the proceeding.

Charitable trusts follow different rules

Subsection (8) says charitable trusts are not governed by 15-7-601. A gift to an animal shelter or rescue for its general work is a charitable question, not a pet trust. This section covers the trust for your own named animals.

Older trusts are validated

Subsection (9) says a purpose trust created before July 1, 2005, is valid and enforceable from the date of its creation. If a parent or grandparent left an older trust for an animal, that trust is not void for predating the statute.

What the Statute Leaves to You

Section 15-7-601 is silent on four questions, so your document carries the answers.

How long the trust lasts

Section 15-7-601 sets no time limit. Idaho Code 55-111 reads in full: "There shall be no rule against perpetuities applicable to real or personal property." Put the two together and nothing in Idaho's code ends a pet trust on a fixed date.

That makes the end point your job. The usual choice is to end the trust at the death of the last animal it covers. Say so in plain words, and say whether animals you acquire later, or offspring of covered animals, are covered too.

Where the leftover money goes

Section 15-7-601 has no rule sending leftover funds anywhere when the purpose ends. Name a remainder taker, a person or a charity, and a backup in case the first choice is gone. Without that clause, the question lands in court.

How much money is too much

Section 15-7-601 contains no provision letting a court reduce a trust that holds more than the animal's care needs. Size the fund to a realistic budget: food, routine and emergency veterinary care, boarding, grooming, the caretaker's costs, and the trustee's fee, multiplied by the animal's expected remaining years.

Who hears about the spending

Idaho's general reporting duty, 15-7-303, runs to beneficiaries: the trustee keeps them reasonably informed and gives an annual statement of accounts on reasonable request. A purpose trust may have no beneficiary at all, and 15-7-601 does not say who receives reports. Write a clause requiring the trustee to send the enforcer an annual accounting and proof the animal is alive and cared for.

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The People in an Idaho Pet Trust

A working pet trust usually has four roles, and they can be different people.

RoleWhat the role doesWhere Idaho law speaks to it
TrusteeHolds and invests the money, pays the caretaker and the billsChapter 7 of Title 15; pay under 68-103
CaretakerKeeps the animal day to dayYour document only
EnforcerHolds the trustee to the trust's terms15-7-601(3) to (7)
Trust protector (optional)A disinterested third party with powers the document grants15-7-501

Keep the trustee and the enforcer separate. If one person holds the money and is also the only person entitled to check on it, the enforcer role does nothing. Many owners make the caretaker the trustee for small funds and ask a second person to enforce.

Trustee pay

Idaho Code 68-103 says that when a declaration of trust is silent on compensation, the trustee is entitled to the same compensation as an executor. If the trust specifies an amount, the trustee is entitled to that amount and no more. Idaho Code 15-3-719 sets a personal representative's pay at reasonable compensation. So a trust that names a fee, even a flat annual fee, gives you a fixed figure where silence gives you a debate over what is reasonable.

A trust protector

Idaho Code 15-7-501 lets a trust instrument appoint a trust protector, defined as any disinterested third party whose appointment the instrument provides for. The protector's powers are whatever the document grants, and the statute lists options that include terminating the trust, vetoing or directing distributions, and appointing a successor protector. For a pet trust, a protector can decide questions you cannot predict, such as whether to rehome the animal if the caretaker moves out of state.

Removing a trustee

Idaho Code 15-7-308 lets a trustee be removed under the terms of the trust or by the court on its own initiative or on petition of a trustor, cotrustee or beneficiary. Grounds include a material breach of trust, being unfit or unable to administer the trust, and other good cause. Because a pet trust may have no beneficiary, give your enforcer an express power in the document to remove and replace the trustee.

Funding the Trust

You have three common ways to put money in.

  1. Fund it now. Sign a stand-alone trust and transfer cash or an account into it during your life.
  2. Add money at death through your will. Idaho Code 15-2-511 lets a will validly devise property to the trustee of a trust established during the testator's lifetime, and the gift is not invalid because the trust is amendable or revocable or was amended after the will was signed. The property then becomes part of that trust and follows its terms.
  3. Name the trust on an account. A payable-on-death or beneficiary designation that names the trustee can move money in without probate. Confirm the account holder accepts a trust as the named payee.

A trust written only into your will is funded after the will is admitted to probate and the estate is administered. Plan for the weeks in between: name a temporary caretaker in a letter the family can find, and leave a small amount of cash that person can reach. Our Idaho probate guide explains how long that process runs.

Court Involvement

Idaho does not put a trust under ongoing court supervision by default. Idaho Code 15-7-101 tells the trustee of a trust with its principal place of administration in Idaho to register the trust in the court at that place. Idaho Code 15-7-201 gives that court exclusive jurisdiction over proceedings by interested parties about a trust's internal affairs, including appointing or removing a trustee and reviewing trustee fees and accounts. It also says neither registration nor such a proceeding results in continuing supervisory proceedings.

In plain terms: the court is there if a dispute arises, and the trust runs without it the rest of the time. Idaho's court is the district court, and probate matters are usually heard in its magistrate division in each county. The Idaho court directory lists the Clerk of the District Court for every county.

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A Drafting Checklist

Let's break it down into the clauses an Idaho pet trust should carry, since 15-7-601 supplies so few defaults.

  • The animals covered. Name each one with a description or microchip number, and say whether later-acquired animals and offspring are included.
  • The purpose. Care of the named animals, with the standard of care you expect.
  • The caretaker and a backup. Include what happens if no named caretaker can take the animal.
  • The trustee and a successor. Say how a vacancy is filled.
  • The enforcer and a successor. Include the power to remove and replace the trustee, and how the enforcer can resign.
  • The end point. The death of the last covered animal is the usual choice.
  • The remainder taker and a backup. Section 15-7-601 names no default.
  • Reporting. An annual accounting to the enforcer.
  • Trustee pay. A stated figure, which caps it under 68-103.
  • Veterinary and end-of-life instructions. Include who decides on euthanasia.

Pair the trust with the rest of the plan. A valid Idaho will can pour money into the trust, and an Idaho power of attorney can let an agent care for the animal and pay its bills if you become incapacitated before death. For the full set of documents, see the rest of an Idaho plan.

Common Questions

Does Idaho have a pet trust law?

Not one written for animals. Idaho's vehicle is the purpose trust in Idaho Code 15-7-601, which says a trust may be created for any purpose, charitable or noncharitable, under a trust agreement or a will, and that a purpose trust does not need a beneficiary. Caring for a named animal is a noncharitable purpose, so a pet trust in Idaho is a 15-7-601 purpose trust. We read every section heading in Title 15 and in the trusts chapter of Title 68 and found no section written for animals.

Who enforces a pet trust in Idaho?

The person your trust names to enforce it. Idaho Code 15-7-601(3) makes a purpose trust enforceable on its own terms by that person, and says failing to name one does not void the trust. If the enforcer resigns, is removed, or cannot act and no successor is named, 15-7-601(5) tells the trustee to apply to the court at once for directions or for a court-appointed enforcer. Any interested person may also sue to enforce the trust under 15-7-601(7).

How long can an Idaho pet trust last?

Idaho Code 15-7-601 sets no time limit, and Idaho Code 55-111 says there is no rule against perpetuities for real or personal property. So the statute will not end the trust for you. Your document should say when it ends, usually at the death of the last animal it covers, and who takes what is left.

What happens to the money left in an Idaho pet trust after the pet dies?

Idaho Code 15-7-601 does not say. It has no default rule sending leftover funds anywhere, so the trust document has to name who receives the remainder when the purpose ends. Name a person or a charity, and name a backup.

Can I create an Idaho pet trust in my will?

Yes. Idaho Code 15-7-601(1) lets you create a purpose trust under the terms of a trust agreement or a will. You can also sign a separate trust during your life and have your will add money to it at your death, which Idaho Code 15-2-511 allows even if the trust is revocable or amended later.

How much does the trustee of an Idaho pet trust get paid?

Whatever your document sets. Idaho Code 68-103 says that if a declaration of trust specifies the trustee's compensation, the trustee gets that amount and no more. If the trust is silent, the trustee is entitled to the same compensation as an executor, which Idaho Code 15-3-719 sets as reasonable compensation.

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Information current as of September 24, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Idaho can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.

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