(2) In the event of the death of a holder of a recorded brand, the person to whom it is transferred, either by will or the laws of descent and distribution, may have the brand recorded to the transferee or to another person upon submitting to the department within six months of the death of the holder of the recorded brand, either a copy of an order of a court having jurisdiction of the decedent’s estate directing such transfer accompanied by an application of the transferee as prescribed in ORS 604.027 (1) and the brand transfer fee prescribed in subsection (1) of this section, or if no court has jurisdiction of the decedent’s estate, an affidavit of the person entitled by the laws of descent and distribution to have the brand recorded to the person accompanied by an application of the transferee as prescribed in ORS 604.027 (1) and the brand transfer fee prescribed in subsection (1) of this section. The affidavit shall 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); and
(d) 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]
Structure 2021 Oregon Revised Statutes
Volume : 15 - Water Resources, Agriculture and Food
Chapter 604 - Brands and Marks; Feedlots
Section 604.005 - Definitions.
Section 604.027 - Application to record brand; certification; renewal; fees; rules.
Section 604.036 - Copy of recordation certificate; brand books.
Section 604.041 - Transfer of recorded brand; transfer fee.
Section 604.051 - Method of proof of ownership; inspection certificate.
Section 604.061 - Transportation certificate.
Section 604.066 - Brand inspection fee; exception.
Section 604.071 - Prohibitions.
Section 604.076 - Authority to issue citations.
Section 604.620 - License; fee; sanctions.
Section 604.650 - Inventory upon removal; fee; prohibited acts.