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Legally, a pet animal is considered tangible personal
property, like your car, your furniture, your jewelry,
etc., and upon your death, your pets would pass to
your heirs or beneficiaries of your estate who are
otherwise entitled to receive such property. If you
have a will or trust that does not gift your pet to a
specific person, then the pet would pass to whoever
receives of your tangible personal property.
If you have no will or trust, then your property would
pass to your "heirs" under state statute, which
usually means to: (a) your surviving spouse; or
(b) if you have no surviving spouse, your surviving
children (and grandchildren by deceased children); or
(c) if you have no surviving descendants, your surviving parents; or (d) if you
have no surviving parents, your surviving brothers and
sisters, etc. Note, however, that this is a
generalization, which applies in most
situations and in most jurisdictions, but may
not apply to you under particular circumstances. For example, if you
are married and have children from a previous
marriage, the order of distribution under the
applicable state statute may differ.
Of course, the above discussion is pertinent to the
long-term fate of your pet – i.e., after
probate proceedings have been initiated, debts and
taxes have been paid, etc. Very few states (such as
Oregon) have laws dealing with the short-term
care of your pet, and as such, making express
arrangements for the immediate care of your pet is
generally up to you. At a minimum, you should have
someone who will be timely notified and go to your
house immediately in case of an emergency. (See
Pet Card, which
should be carried on your person for emergency
personnel.) |