I looked through the website but I'm not sure. Your best bet is definitely to call back the insurance company and ask them specifically. Maybe look through the website while you call so you can find it while they are on the phone with you. Or ask if they can email you a copy. It will likely save a lot of time and frustration. Good luck and I'm sorry for your loss.

It seems that you live in a very friendly county. Call this guy:

(cut and pasted from their website)

Hudson County Surrogate

Dear Neighbor:

As your Hudson County Surrogate, I and my office staff are available to help you in anyway we can. What can we do for you?

It is to my office that you may have to come, after the death of a
family member. The Will is brought to me. If there is no Will, the
surviving spouse or next of kin come to me to obtain the legal authority
to do what must be done.

THIS IS MY MAIN JOB: TO HELP YOU WHEN YOU SUFFER THE LOSS OF A LOVED ONE.

We also safeguard the money which Courts award children who have been
injured. We handle adoptions. And, if there is a fight after someone
dies, the lawyers file all of their paperwork with me.

I am available to speak to your club or organization. Your President
or Program Chairperson should contact me, if you would like me to come
to your meeting. I promise not to put anyone to sleep!

I can be reached at the William J. Brennan Courthouse, 583 Newark
Avenue, Jersey City, on the first floor. My telephone number is:
201-795-6378.

Please let me help you, if you need me.

Thank you for allowing me to serve as your Hudson County Surrogate!

Sincerely,

JOSEPH J. RYGLICKI

Surrogate of Hudson County

CONTACT INFORMATION

Joseph J. Ryglicki

Surrogate

Surrogate of Hudson County

William J Brennan Courthouse 583 Newark Ave Jersey City

NJ 07306,

jryglicki@hcnj.us

Main Number

201-795-6378

Additional Contact Instructions
Wills and Administrations - 201-795-6378

Why wouldn't you ask your lawyer for advice?

Maybe because most lawyers send a bill for each phone call or written query, and they aren't inexpensive?

gyr_falcon is right. If I can find out the right form, I can do this on my own.

Don't they (insurance co.) just need a death certificate? And I'm sorry for your loss.

Seems to me that when they do not receive the payment they will cancel the policy.

I once heard a quote that went like this ....."if you think education is expensive, try ignorance".

If you think obtaining competent advice is expensive, acting with a lack of competent advice or not acting for the same reason is likely to be far more expensive.

Yes, lawyers (and other service providers like CPAs) charge based on the time spent. You expect them to give advice for free? On the other hand, this is a quick follow up question ("I don't have the probate form so what do I do now?") that might be handle-able in 30 seconds. Those who don't pimp their clients may have a de minimis time they don't bother billing, for one-off questions. Others may have a minimum - any advice by phone is a minimum 15 or 30 minutes. No matter, if the advice is needed/worth having, it's worth having.

I did not have to probate my husband's estate. It was only a problem once...when I cleared out our storage locker (which he had rented) and tried to cancel the rental. I sent them a copy of the Death Certificate - corporate wouldn't accept it. Finally, I got a friend who was a lawyer, to write a simple letter stating that I was his sole air, all property was jointly owned with right of survivorship, and there was no estate to probate. Corporate finally accepted that but I paid an extra year's rental on that danged locker!

Sorry for your loss. Not all wills need to go through probate. The insurance company should be satisfied with a death certificate. That is all I needed to rectify my mother's affairs after her death.

For heaven's sake. When my mother moved into senior living in the next state and we sold her house for her, I called her insurance company (State Farm) and cancelled her policy. It seems like they asked me which title company was handling the closing, and took my word for it, sent her a refund to her new address, she had been paying once annually. The month before, I'd cancelled her auto policy as she had sold her car when she moved. And again, they took my word for it as her daughter, mailed her the refund check. Her hearing can make phone calls difficult for her so I try to conduct as much business as I can to cut down on her anxiety.

Cactus, I too am sorry for your loss.

If you are the informant on the Death Certificate, that is sometimes enough, they just may need a certified copy to verify it. Can't hurt to call and ask.

When my DH went to cancel my MIL's rental insurance on her assisted living apt., he had a terrible time, even tho she was gone and someone else was living in that space. It's very frustrating as it seems every company has it's own rules about what documents are acceptable.

Your lawyer should not be billing you for this info as it should be included in what you've already paid as it's the lawyer's previous direction that has you at this spot. Plus, all you're asking for is "which form". As you said, you're not asking him to complete it.

Thanks everyone. Checked with insurance company and they will not accept a death certificate. Her renewal arrived in the mail also. The insurance agent told me if I don't renew the policy, it most likely will be renewed anyway (what?) and when I don't pay the premium the policy will be put into non-payment, blah, blah, blah.

If I don't do it their way, I will not receive a refund. Guess I have to call lawyer.

"Your lawyer should not be billing you for this info as it should be included in what you've already paid as it's the lawyer's previous direction that has you at this spot"

That's one sentiment, it may or may not be valid. If previous dealings with the lawyer didn't address this question, or it was and the client forgot, then it's added advice and a fee is charged at the lawyer's discretion for added time spent giving advice. Or not, as I described in my earlier post.

Having been in this business before, let's say I had two clients - Client A asked for advice on a situation and we had a meeting in which I explained it and charged for the time. Same situation and questions for Client B, but the Client B meeting took twice as long (because they were slow to understand) and Client B called back twice repeating questions that had previously been discussed. Advice is typically given by the hour or fraction, not by the job. Both clients paid for the time spent and for one it was considerably more than the other for the same thing. Nothing "is included" unless it's agreed to be a flat rate job. We always used engagement letters spelling out services and the basis of charges so there would be no misunderstandings. If this lawyer is conscientious, there is one for this project and catuscatie should look to see what it says.

I'm curious why you don't want to at least call the Surrogate's Office and inquire about a Surrogate Certificate.

graywings123, it's not that I don't want to call the Surrogate's Office or the lawyer. I figured this was easier. I thought if someone knew the name of the certificate I needed (since I don't have a Certificate of Appointment), I could get it online and handle this myself.

Well, I'd be inclined to let it lapse and the insurance company try to collect. But before I did that, I'd call your state insurance commissioner's office. They usually have a consumer advocate and I've gotten much further with insurance companies once the commissioners office gets involved.

Thanks Olychick

The only problem with letting it lapse, is that there should be a refund of any unearned premium and the OP would loose the refund. Depending on the amount of the policy, that could be quite a bit of money.

A decedent's heirs receive assets subject to liabilities. If the insurance company has a procedure to cancel policies that aren't adhered to, you could be liable for any unpaid premiums on an ongoing basis.

Or not. Why guess?

graywings123, it's not that I don't want to call the Surrogate's Office or the lawyer. I figured this was easier.

I have already written that I feel it is fine to ask questions here to get an idea of how to go about doing something. And you did get an excellent suggestion when Graywings supplied the info about the Surrogate. With a call to the Surrogate easy and free, and likely to take only a few minutes, it seems as if it might be courting disaster not to do so.

I misunderstood when I posted. Namely that I would get the exact name of the certificate. I apologize for that.

However, I thank everyone for your advice.

Looks like we got a few bees buzzing around here, today, huh?

Sometimes advice offered on KT is valuable ...

... sometimes worth about what one pays.

One makes one's choice, right?
o j