Who receives survivor benefits

When a person who worked and paid Social Security taxes dies, certain family members may receive monthly payments based on that person's earnings record. The Social Security Administration calls these survivor benefits. You do not have to be the one who died to receive them — the payments go to the people left behind who meet specific conditions.

The family members who can receive survivor benefits are: a widow or widower age 60 or older (or age 50 or older if disabled), a widow or widower of any age caring for the deceased's child under age 16, unmarried children under age 19 (or up to age 19 if still in high school full-time), unmarried adult children age 19 or older who were disabled before age 22 and remain disabled, and parents age 62 or older who depended on the deceased for at least half their income.

Not everyone in the family receives the same amount. The Social Security Administration calculates a family benefit amount based on the deceased person's earnings record, then divides it among may be able to access family members. Each person typically receives a percentage of that total, and there is a maximum family benefit — once the total reaches that cap, individual payments may be reduced.

Key Takeaways

  • Survivor benefits go to spouses, children, and parents of a person who worked and paid Social Security taxes, not to siblings or grandchildren unless they meet very specific conditions.
  • A widow or widower can start receiving benefits at age 60, or at age 50 if disabled, or at any age if caring for a child under 16.
  • Unmarried children receive benefits until age 19 if in high school, or until age 18 if not in school, with exceptions for those disabled before age 22.
  • The total family benefit is divided among all may be able to access members and cannot exceed a maximum amount set by Social Security, which varies based on the deceased person's earnings.
  • You must contact the Social Security Administration to report a death and begin the process — benefits do not start automatically.

Spouses and ex-spouses

A widow or widower can receive survivor benefits starting at age 60, or at age 50 if they are disabled. There is no age requirement if the surviving spouse is caring for the deceased's child who is under age 16 — in that case, benefits can start at any age. The marriage must have lasted at least nine months (with some exceptions if the death was accidental or due to military service).

An ex-spouse can also receive survivor benefits on the deceased person's record if the marriage lasted at least 10 years and the ex-spouse is age 60 or older (or age 50 or older if disabled). The ex-spouse does not need permission from the deceased person's current family to receive these benefits. If the ex-spouse remarried before age 60, they generally cannot receive benefits on the deceased ex-spouse's record, though remarriage after age 60 does not affect may be able to access.

Children and grandchildren

Unmarried children of the deceased can receive survivor benefits if they are under age 19 and not in high school, or under age 19 if enrolled in high school full-time. Children who were disabled before turning 22 can continue receiving benefits for life, as long as the disability continues. Stepchildren, adopted children, and biological children all have the same rights to survivor benefits.

Grandchildren can receive survivor benefits only in limited situations: if the grandchild's parents are both deceased or disabled, and the grandchild was legally adopted by the deceased grandparent or was living with the deceased grandparent and receiving at least half their support from them. These cases are uncommon and require documentation of the legal relationship and financial dependence.

Parents and other dependents

A parent of the deceased person can receive survivor benefits if the parent is age 62 or older and depended on the deceased for at least half of their income. Both parents can receive benefits if both meet the age and dependence requirements. The deceased person must have been working and paying Social Security taxes for the parent to be may be able to access — there is no minimum length of time the person had to have worked, but they must have had a Social Security account.

Siblings and other relatives cannot receive survivor benefits based on the deceased person's work record, even if they were close or lived together. The Social Security Administration limits survivor benefits to spouses, children, grandchildren in specific situations, and parents who meet the dependence test.

What happens to benefits if a survivor remarries or goes back to work

If a widow or widower remarries before age 60, they lose the right to receive survivor benefits on the deceased spouse's record. Remarriage at age 60 or later does not affect may be able to access. If a widow or widower remarries and then that marriage ends (by death, divorce, or annulment), they may regain the right to receive benefits on the first deceased spouse's record.

Children who are receiving survivor benefits can continue to receive them even if they work, as long as they remain unmarried and meet the age or disability requirements. There is no earnings limit for children. A widow or widower who is caring for a child under age 16 can work without losing benefits. However, a widow or widower who is receiving benefits based on age (not caring for a child) faces an earnings limit — if they earn more than a certain amount per year, their benefits are reduced. The earnings limit changes each year.

How to report a death and start the process

When someone dies, a family member or representative should contact the Social Security Administration as soon as possible. You can call 1-800-772-1213 (TTY 1-800-325-0778), visit a local Social Security office in person, or go online to ssa.gov. Have the deceased person's Social Security number ready, along with a death certificate or other proof of death.

The Social Security Administration will ask questions about family members who may be may be able to access for survivor benefits. You will need to provide information about spouses, children, parents, and ex-spouses, including their ages, whether they are disabled, and whether they are in school. Bring documents such as birth certificates, marriage certificates, divorce decrees, and school enrollment records. The process can take several weeks, and benefits are usually paid retroactively to the month of death.

Frequently Asked Questions

Can I receive survivor benefits if the person who died was not yet retired?

Yes. Survivor benefits are based on the deceased person's work record, not on whether they had started receiving Social Security retirement benefits. As long as the person worked and paid Social Security taxes long enough, their family members may be may be able to access for survivor benefits. The Social Security Administration will determine how long the person needed to have worked based on their age at death.

What if the person who died never worked or had very low earnings?

If the person did not work long enough or did not pay enough Social Security taxes, no survivor benefits will be paid. The Social Security Administration has minimum work requirements that depend on the person's age at death. You can contact Social Security to find out whether the deceased person's work record qualifies their family for benefits.

Do I have to pay taxes on survivor benefits?

Survivor benefits are taxable income in some cases. If your total income (including survivor benefits) exceeds a certain amount, part of your benefits may be subject to federal income tax. The amount that is taxable depends on your filing status and other income. You will receive a form SSA-1099 each year showing the amount of benefits you received.

What if I was divorced and my ex-spouse died — can I still receive benefits?

Yes, if the marriage lasted at least 10 years and you are age 60 or older (or age 50 or older if disabled). You do not need permission from your ex-spouse's current family, and you do not need to have been in contact with your ex-spouse. Contact the Social Security Administration with your ex-spouse's name and Social Security number to begin the process.

Can I receive survivor benefits and my own retirement benefits at the same time?

In most cases, you can receive only one benefit at a time. The Social Security Administration will pay you whichever benefit is higher. If you are may be able to access for both survivor benefits and your own retirement benefits, Social Security will determine which one you receive and at what age you can start receiving it.