Deed Of Livestock Brand (Page 2 of 3) in pdf

Please follow the instructions below for transferring brands when: one or more brand owners are deceased; the brand is recorded to a Limited Liability

Company, corporation or ranch name; the brand is being transferred by an appointed “Power of Attorney”; or the brand is currently recorded in a trust.

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Estate documents – If any of the brand owners are deceased, additional documents will be required to complete the transfer. Please refer to the

list below for instructions.

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Individual ownership - If the brand is recorded to only one person and that person is deceased, this office will require the signature

of the decedent’s appointed personal representative or heir as seller on the transfer form. This office will require proof of the

representation in the form of a properly executed last will and testament, “Letters Testamentary” or “Letters of Administration”, or

any other similar, legally recognized final, personal testaments or a small estate affidavit. A copy of the decedent’s death certificate

will be required with the last will and testament or the small estates affidavit. This office will require all co-personal representative

signatures on the deed if there is more than one personal representative appointed.

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Joint ownership – If the brand is recorded to two or more owners and one or more of those owners are deceased, please contact this

office to determine if the brand is recorded as joint tenants or tenants in common.

Joint tenants – If the brand is recorded as joint tenants, this office will require a copy of the death certificate for the

deceased owner(s) and the signatures of the remaining owners as sellers on the transfer form.

Tenants in common – If the brand is recorded as tenants in common, this office will require proof of the representation for

the decedent in the form of a properly executed last will and testament, “Letters Testamentary” or “Letters of

Administration”, or any other similar, legally recognized final, personal testaments or a small estates affidavit. A copy of

the decedent’s death certificate will be required with the last will and testament or the small estates affidavit. The surviving

owner(s) of the brand will need to sign as seller(s) on the transfer form.

Small estates affidavit – This affidavit stipulates that the estate of the decedent was under $50,000, that at least ten days has elapsed

since the death of the decedent, and that no application or petition for the appointment of a personal representative is pending or has

been granted in any jurisdiction. The heir(s) completing and signing the “small estates affidavit” must sign the transfer form as

seller(s) of this brand for the decedent. This office will also require a copy of the death certificate for the decedent. A blank “small

estates affidavit” may be obtained from this office or your local court house.

Last will and testament – This office will accept a copy of the decedent’s last will and testament that shows who is to receive

possession of the decedent’s personal property. That person will need to sign the transfer form as seller of this brand for the

decedent’s estate. If more than one person received possession of the personal property, this office will require all signatures on the

transfer from as sellers. Please be sure the signature is exactly as stated in the will. This office will require a copy of the death

certificate for the decedent.

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Limited Liability Company, corporation or ranch – If the brand is currently recorded in the name of a Limited Liability Company,

corporation or ranch, this office will require the signature of the managing member/manager of the Limited Liability Company, and the

president or vice president of the corporation. The signer must sign in his/her representative capacity. For example: “XYZ, LLC By: (signer)”

or “XYZ, Inc. By: (signer). If the Limited Liability Company, corporation or ranch is NOT filed with the Secretary of State’s office, this office

will require two signatures as sellers for the entity.

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Trust agreements – If the brand is recorded in the name of a trust, this office will require the signature(s) of the appointed trustee(s) as seller(s)

on the transfer deed.

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Power of Attorney – This office will accept a fully executed “Power of Attorney” if it specifically authorizes the transfer of disposition of

personal property. A “power of attorney” will not be accepted after the death of a brand owner.

Signature of purchaser(s) – All purchasers must sign the form exactly as their name is printed at the top of the deed. All purchaser signatures must be

notarized properly on the transfer form in the notary box provided. The back of the form may also be used for additional signatures and additional notary

space. Please refer to the instructions on the first page titled “deed to be held as” for Limited Liability companies, corporations, partnerships, ranches or trusts

and the signatures required on the transfer deed. Signatures for Limited Liability Companies or corporations must be signed according to instructions on the

first page. A parent or guardian may sign for a minor child if the deed is notarized as such. The notary must show the exact names of the signatures they

notarized and the entire notary box must be completed by the Notary Public.

Certified copy of deed – The purchaser of the brand will receive a certified copy of the transfer deed along with a receipt for the transfer fee and a brand card

to be carried with each brand owner. The original signed and notarized transfer form will be kept on file in this office.

Name changes -If a brand is recorded to two or more owners and one of the owners is deceased and the remaining owners wish to remove the decedent’s name

and leave their names on the recording of the brand, please contact this office to determine if the brand is recorded as joint tenants or tenants in common. If the

brand is recorded as joint tenants, this office can remove the decedent’s name from the recording of the brand free of charge with a copy of the death certificate

and the surviving owner’s written authorization to remove the decedent’s name from the brand. This authorization form may be obtained from this office. If

the brand is recorded as tenants in common, this office will require a completed transfer form to change ownership of the brand and the transfer fee of $100.00.

Please refer to the top of this page for further instructions under the title “estate documents, joint ownership”.

If a brand owner wishes to change their last name due to marriage, divorce, adoption, etc, this office can make that name change free of charge with a copy of

the legal name change document and the brand owner’s written authorization to make the change on the brand recording. This authorization form may be

obtained from this office.

Contact this office – If you have any questions concerning transferring a brand or these instructions, please contact this office:

Brand Inspection Division – Colorado Department of Agriculture – Cara Wells, Office Manager – Chris Whitney, Brand Commissioner

305 Interlocken Parkway, Broomfield CO 80021 Phone: 303.869-9160 Fax: 303.466-1429

Website:

Email:

cara.wells@state.co.us chris.whitney@state.co.us