When a person who worked for many years and paid Social Security taxes dies, the family faces not only grief. There is also an uncomfortable, yet urgent question: what happens to the money that person was receiving or would have received from Social Security?
The answer is not simply that the benefit passes to relatives as an inheritance. However, certain family members may indeed be entitled to survivor benefits calculated based on the deceased person’s work history.
For many Latino families in the United States, this distinction can be important. It isn’t about claiming the check that belonged to the deceased. It’s about determining whether you, as a spouse, former spouse, child, or dependent parent, have a right to benefits with the Social Security Administration (SSA).
And there’s more: you don’t need to wait for a family member to tell you that you qualify. The SSA sets out who can receive these benefits and how you should apply.
Key points you should know
Who can receive Social Security from a deceased relative?
Not every relative can claim benefits. The SSA defines specific categories.
If you were the spouse of the deceased, you could generally be eligible starting at age 60. If you have a disability, the age can drop to 50.
You may also be eligible at any age if you are caring for a child of the deceased who is under 16 or has a disability. In certain situations, even a divorced spouse may receive benefits.
Surviving ex-spouses can also be covered by these rules. If you were married to the deceased for at least 10 years and meet the other requirements, you may qualify.
This point is often overlooked. Divorce does not necessarily eliminate the right to survivor benefits.
Can children receive Social Security benefits from a deceased parent?
Yes. And this is where one of the benefits can prove especially important for a family that loses one of its main breadwinners.
A child may be eligible if they are unmarried and:
In certain situations, there may also be benefits for stepchildren, adopted children, grandchildren, and other relatives who meet specific conditions.
The SSA explains that qualifying children can generally receive about 75% of the deceased parent’s benefit. But there is a cap: there is a maximum family benefit based on one person’s work record. If the cap is exceeded, individual payments can be reduced.
How much can you receive if your husband or wife dies?
There is no universal amount. The calculation depends on the deceased person’s work history and your age when you apply for the benefit.
The SSA states that payments to a surviving spouse can begin at roughly 71.5% of the deceased’s benefit. That percentage rises the longer you wait to claim and can reach 100% when you reach the full retirement age for survivors, which is between 66 and 67 years old.
For example, if your husband died and had a monthly benefit of $2,000, that does not automatically mean you will receive $2,000. Your age and the applicable rules will determine the amount.
That is one of the reasons it’s worthwhile to speak directly with the SSA before making a decision. The calculation can be markedly different from what a family expects.
Can you receive benefits if you are still working?
Yes, but you must be mindful of your earnings.
If you receive survivor benefits and you are still employed, the SSA may apply an earnings limit depending on your age. If you exceed the limit before reaching the full retirement age, part of your benefits may be temporarily reduced.
This does not necessarily mean you will permanently lose the withheld money. Social Security rules provide for later adjustments in certain circumstances.
Therefore, if you have recently become widowed and you are employed, don’t rule out benefits simply because you’re earning a salary. Your situation may require a specific calculation.
What happens to the Social Security benefits the deceased was receiving?
Here it helps to separate two things.
If your relative was receiving a monthly Social Security payment, that benefit does not automatically become an inheritance you can collect. Instead, the SSA may determine that you are entitled to a survivor benefit based on the deceased’s work record.
It’s also important to know that funeral homes usually report the death to the SSA. If the funeral home does not do so or does not participate in the process, the family should contact the agency and provide information about the deceased.
This is especially important if someone in your family might qualify as a survivor. It’s not wise to assume someone else will handle all the paperwork.
Is there a $255 death benefit check?
Yes. But it is not a benefit that is automatically given to any heir.
The SSA maintains a one-time $255 death benefit for a spouse who meets certain requirements. If there is no eligible spouse, some children may be eligible.
For example, this category may include certain children under 18, 18 or 19-year-old students who meet school requirements, and people who became disabled before age 22.
There’s another detail you should not overlook: you must apply for this payment within two years after the death.
The $255 may seem small compared with other Social Security benefits, but losing it simply because you didn’t know the deadline would be unnecessary.
How do you apply for survivor benefits?
Here the process is different from other Social Security procedures.
The SSA notes that survivor benefits cannot be applied for entirely online. You should call 1-800-772-1213, Monday through Friday, between 8 a.m. and 7 p.m., or contact a local office. Spanish-language help is also available.
When you speak with the SSA, it helps to have as much information as possible about the deceased.
The agency may ask for information such as:
If you don’t have the deceased’s Social Security number, the SSA says it can request other data, such as their date of birth and their parents’ names.
Can you collect your own Social Security and your deceased relative’s?
This is another area where there is frequent confusion.
If you are entitled to a survivor benefit and you can also receive another Social Security benefit, the payments do not necessarily add up. The SSA explains that when a person qualifies for both, they can choose the benefit that is most advantageous and, in certain circumstances, switch from one benefit to another later.
This can be relevant if you are a widow or widower who already has a right to your own retirement benefit.
For example, you might receive a survivor benefit first and later switch to your own retirement benefit. The best strategy depends on your age, work history, and financial needs.
That’s why, before applying for the first available benefit, it’s wise to ask the SSA how that decision would affect your future payments.
