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My mom just recently passed away without a Will. She had a car that she was paying on and still has 4 more years to pay it off. My brother and I are the only ones left of the family. I was listed as a driver under her car insurance and when I called to tell them that she had passed away and if I can continue to drive the car since her policy was paid up to the end of the month, they wouldn’t talk to me and said that I needed surrogate docs. I don’t know what they are and how to get them. What happens next? Do I really need these documents and how do I get them?
Asked on March 23, 2018 under Estate Planning, New Jersey
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 3 years ago | Contributor
I am so sorry for your loss. Is that all you Mom had? Was the car? And she died without a Will? Then you can likely file a Small Estate Affidavit in an Administration of your Mom's estate. That would give you the rights you need to collect and tranfer her assets (although the holder of the car loan can likely call in the loan). Here is an outline from one of the counties in NJ but the law is the same throughout the state. Good luck.
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