Yes. The Social Security $255 death benefit is a one-time lump-sum payment made to certain survivors of a worker who paid into Social Security.1Social Security Administration. Lump-Sum Death Payment It goes first to a surviving spouse who was living with the worker, and if there is no such spouse, it can go to children who qualify for benefits on the worker’s record. The payment is not automatic in most cases, and you must file for it within two years of the death.
Who Can Receive the $255
Federal law sets a strict order. A surviving spouse who was living in the same household as the worker at the time of death has first claim.2Office of the Law Revision Counsel. 42 USC 402 – Old-Age and Survivors Insurance Benefit Payments A spouse who was living apart from the worker can still qualify if they were already receiving Social Security benefits on the worker’s record, or became eligible for them at the time of death.3eCFR. 20 CFR Part 404 Subpart D – Lump-Sum Death Payment
If no spouse qualifies, the $255 is split equally among the worker’s children who were eligible for benefits on the record during the month of death. Eligible children are those under 18, those aged 18 or 19 still attending elementary or secondary school full time, and adult children with a disability that began before age 22.1Social Security Administration. Lump-Sum Death Payment
A divorced spouse cannot receive the $255 payment, no matter how long the marriage lasted or whether they currently draw benefits on the worker’s record.4Social Security Administration. SSA Handbook 431 Divorced spouses may still qualify for monthly survivor benefits if the marriage lasted at least ten years, but that is a separate program.
Common-law spouses can qualify if the marriage was validly established under the law of a state that recognizes common-law marriage. The couple must have agreed to be married, considered themselves married, and been legally able to marry; some states also require them to have lived together and publicly held themselves out as married.5Social Security Administration. Common-Law Marriage — General
What “Living in the Same Household” Means
The spouse and worker must have been customarily living together at the time of death. Short absences for travel, work, or a brief hospital stay do not count as separation.6Social Security Administration. SSR 82-50 – Title II: Definition of Living in the Same Household A longer separation can still count if it existed solely for medical reasons, such as one spouse being in a nursing home or hospital, so long as the other spouse continued to show personal or financial concern for the worker. You will usually need to sign a statement explaining the reason for the separation.
Did the Worker Have Enough Credits?
The $255 is only payable if the deceased worker was insured under Social Security at the time of death. There are two ways to meet that test:7Social Security Administration. SSA Handbook 428 – When Is a Lump-Sum Death Payment Paid?
- Fully insured: at least one credit per year from age 21 until the year of death or age 62, whichever came first, with a minimum of six credits and a maximum of 40. A worker who earned 40 credits is fully insured for life.8Social Security Administration. Insured Status Requirements
- Currently insured: at least six credits earned in the three years immediately before death.9Social Security Administration. Social Security Credits and Benefit Eligibility
In 2026, one credit is earned for every $1,890 in covered earnings, up to four credits a year at $7,560 in wages.9Social Security Administration. Social Security Credits and Benefit Eligibility If the worker met neither the fully insured nor currently insured test, no death payment is available.
How to Apply
The form is the SSA-8, Application for Lump-Sum Death Payment.10Social Security Administration. Form SSA-8 – Application for Lump-Sum Death Payment You can file it in three ways:
- Upload the completed form through the document upload feature at ssa.gov.11Social Security Administration. Social Security Forms
- Call Social Security at 1-800-772-1213 (TTY 1-800-325-0778).
- Schedule an appointment at your local Social Security office.
One exception to filing: if you were already receiving spousal benefits on the worker’s record in the month before the death, the payment is issued automatically and no application is needed.3eCFR. 20 CFR Part 404 Subpart D – Lump-Sum Death Payment
Have these ready when you file:
- Social Security numbers for you and the deceased
- The death certificate
- Proof of your relationship, such as a marriage certificate or birth certificate
- The worker’s approximate earnings for the year before death
- Information about any children under 18, children 18–19 still in school, or adult children disabled since before age 22
The Two-Year Deadline
Applications must be filed within two years of the worker’s death. Miss it and the benefit is generally lost for good.12Social Security Administration. SSA Handbook 1517 – Time Limit for Applying for Lump-Sum Death Payment Limited extensions exist for narrow situations such as certain military deaths abroad, but these are rare.2Office of the Law Revision Counsel. 42 USC 402 – Old-Age and Survivors Insurance Benefit Payments
Monthly Survivor Benefits Are Separate
The $255 is a single payment. It does not affect, and is not affected by, the monthly survivor benefits that family members may also claim on the same record.7Social Security Administration. SSA Handbook 428 – When Is a Lump-Sum Death Payment Paid? Those monthly benefits are usually much larger and have their own eligibility rules:
- A surviving spouse receives between 71.5% and 100% of the worker’s benefit amount, depending on the age at which they start. The full 100% requires waiting until the survivor’s full retirement age, which falls between 66 and 67.13Social Security Administration. What You Could Get from Survivor Benefits
- Each eligible child receives 75% of the worker’s benefit amount.13Social Security Administration. What You Could Get from Survivor Benefits
- A dependent parent age 62 or older can qualify for monthly benefits if the worker provided at least half of their support.14Social Security Administration. Who Can Get Survivor Benefits
Spouses generally need to be at least 60, or 50 if disabled, though a spouse of any age caring for the worker’s child under 16 can also qualify. A divorced spouse who was married to the worker for at least ten years can receive monthly survivor benefits even though the $255 lump-sum is off the table for them.14Social Security Administration. Who Can Get Survivor Benefits The total that a family can draw on one worker’s record is capped by a family maximum formula tied to the worker’s earnings.15Social Security Administration. Formula for Family Maximum Benefit
Taxes
The $255 is not taxable. The IRS states that no part of the lump-sum death payment is subject to federal income tax.16Internal Revenue Service. Publication 915 – Social Security and Equivalent Railroad Retirement Benefits If the amount shows up in Box 3 of an SSA-1099, it is excluded from taxable income and does not need to be reported on your return.
Why the Amount Is $255
The figure has not changed since 1954. Originally the payment equaled three times the worker’s primary insurance amount, and by 1952 the maximum primary insurance amount had climbed to $85, which produced a top payment of $255. Congress capped the benefit at that level in 1954 and has not adjusted it for inflation since.17Social Security Administration. The History and Development of the Lump Sum Death Benefit Today the payment covers only a small fraction of funeral costs, which run from around $1,300 for a direct cremation to more than $8,000 for a traditional funeral with burial.