604.041 Transfer of recorded brand; transfer fee
521 words·~2 min read·
/or/ors-chapter-604/brands-and-marks-feedlots/604-041·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
604.041 Transfer of recorded brand; transfer fee.
(1)Except as provided in subsection
(2)of this section, in order to transfer a recorded brand by sale, assignment or otherwise, the transferor shall submit a written, signed and witnessed document of transfer to the State Department of Agriculture, accompanied by an application of the transferee as prescribed in ORS 604.027 (1), accompanied by a brand transfer fee, not to exceed $50. Upon determining that the brand transfer documents are in order, the department shall issue its certificate of recordation to the transferee.
(2)(a) As used in this subsection, “interested person” means any of the following:
(A)The person who has been appointed by a court to serve as personal representative of the decedent’s estate;
(B)The affiant under a simple estate affidavit described in ORS 114.515; or
(C)If no probate or simple estate proceeding has been initiated for the administration of the decedent’s estate, a person entitled by the laws of descent and distribution to have the brand recorded to the person.
(b)In the event of the death of a holder of a recorded brand, the department may transfer the recorded brand as provided in this subsection.
(c)No later than six months following date of death of a holder of a recorded brand, an interested person may request the transfer of the recorded brand by submitting to the department an application prescribed in ORS 604.027 (1), the brand transfer fee prescribed in subsection
(1)of this section and:
(A)If the interested person is the personal representative of the decedent’s estate, a certified copy of the letters testamentary or letters of administration;
(B)If the interested person is an affiant of a simple estate affidavit filed under ORS 114.515, a certified copy of the affidavit; or
(C)If the interested person is a person entitled by the laws of descent and distribution to have the brand recorded to the person, the affidavit described in paragraph
(d)of this subsection.
(d)The affidavit required under paragraph (c)(C) of this subsection must include:
(A)The name and address of the decedent and the date and place of death;
(B)The name and address of the affiant, and if the intended transferee is another person, the name and address of such person with a statement of intent to transfer to the person;
(C)A description of the recorded brand as prescribed in ORS 604.027 (1);
(D)A statement that no probate or simple estate proceeding has been initiated for the administration of the decedent’s estate; and
(E)A statement that the affiant is entitled to have the described brand transferred to the affiant or to the other named person, and that the affiant agrees to the termination of the brand recordation should the affidavit be found false in any material respect.
(3)If the transfer documents prescribed in subsection
(2)of this section are not submitted within six months after the death of the holder of the recorded brand, the brand recordation shall terminate and thereafter be available for recording by any person. [1981 c.248 §8; 2021 c.563 §2; 2023 c.408 §§2,2a]