Brand Transfers
Any Change of ownership must be made in the form of an assignment which is on the reverse side of the original brand certificate that does not expire until 2011. This is the only certificate we will accept. If this is not available, you may request a duplicate by sending a $ 5.00 fee and an address where the duplicate is to be mailed.
Execute the assignment in its entirety. Designate to whom the brand should be transferred to and their complete mailing address. The current owner (s) must sign this document having their signature (s) notarized or witnessed by two people not involved in the transaction. If more than one person owns the brand, WE REQUIRE THE SIGNATURE OF ALL OWNERS. New brand owners sign nothing concerning the assignment.
Brands should be recorded exactly in the name you use for doing business and as you sign your name. As in all legal transactions, given names of married women should be used. Avoid Mr. and Mrs.
Brands recorded to a Company, Corporation, Partnership, etc. should list the officers and people authorized to sign bills of sale when selling livestock. We require the counties where livestock will range.
If there are to be two or more owners, the word "and" means all owners sign a bill of sale, whereas "or" means any one owner may sign a bill of sale. If there is a security interest filed on the brand, the owners and lending institution must resolve the matter. We will not transfer a mortgaged brand.
An assignment must be filed with our department even if the brand owner is adding or deleting any family member. This constitutes a change of ownership. The fee is $100.00 as stated on the certificate. After receiving all requirements, it will be around two weeks before the new brand certificate will be issued.
Brands recorded to a deceased person may be transferred upon receipt of a $100.00 transfer fee and a properly filled out assignment which is on the reverse side of the last issued brand certificate. We will ONLY accept the current certificate that does not expire until 2011. If it is not available, you may request a duplicate by sending a fee of $5.00 and an address where the duplicate is to be mailed.
In addition, we must have evidence that the deceased has passed away and the person directing the transfer has legal authority.
For an estate being probated, formally or informally, a certified copy of the letters of appointment of the personal representative provides evidence of death and the authority to transfer.
For an estate not being probated, we require a certified copy of the death certificate. If the brand is being transferred by will, a copy of the will showing that the brand is to be transferred to the transferee.
If the estate is not being transferred by will, then in addition to the death certificate, we need affidavits of survivorship from all heirs giving their interest to whoever the brand is being transferred.
If a brand is held in joint tenancy and it is not designated on the ownership with a "JT", we require a death certificate and sworn affidavit that the brand was meant to be held in joint tenancy.
After we receive all requirements, it will be around two weeks before the new brand certificate will be issued.
