Who Gets the $250 Social Security Death Benefit?

The Social Security death benefit is a one-time payment of $255 to a surviving spouse who was living with the deceased worker, or, if there is no qualifying spouse, to the worker’s eligible children.¹ No one else can receive it. If no eligible spouse or child exists, the $255 goes unpaid; it does not pass to the estate, a funeral home, or another relative.²

Who Qualifies as the Surviving Spouse

The surviving spouse comes first in line, but the law is specific about which spouse. A spouse who was living in the same household as the worker at the time of death qualifies.¹ Sharing a home still counts if one of you was temporarily away for work, military service, or medical treatment.

A spouse living apart from the deceased can still qualify, but only if that spouse was entitled to or eligible for widow’s, widower’s, mother’s, or father’s benefits on the worker’s record for the month of death, and no other spouse was living with the worker at that time.³

When Children Receive the Payment

If no spouse qualifies, the $255 can go to a child of the deceased who was entitled to or eligible for monthly benefits on the worker’s record during the month of death.⁴ That covers:

Children age 17 or younger
Students ages 18 to 19 enrolled full-time in elementary or secondary school
Adult children of any age whose disability began at age 21 or younger

When more than one child qualifies, they divide the $255 equally.⁴

Divorced, Common-Law, and Same-Sex Spouses

A surviving divorced spouse cannot receive the lump-sum death payment under any circumstances.³ Monthly survivor benefits are a separate program with different rules, and eligibility there does not carry over to the $255.

Common-law marriage is recognized if your state recognizes it, but you have to prove the relationship. SSA asks for sworn statements from the surviving spouse and from blood relatives of the deceased on specific agency forms.⁵ Documents like joint mortgages, shared bank accounts, or beneficiary designations help. If blood relatives cannot be reached, statements from others who know the facts can substitute with a written explanation.

Legally married same-sex spouses follow the same rules as any other surviving spouse. Surviving same-sex partners who were prevented from marrying by unconstitutional state laws may also qualify, including those who would have been married at the time of death or who would have met the nine-month marriage requirement but for those state prohibitions.⁶ If you were previously denied because of a state marriage law, you can ask SSA to reconsider.

Did the Worker Have Enough Credits

The payment is available only if the deceased was “fully insured” or “currently insured” through Social Security work credits at the time of death.⁷ Currently insured status requires at least six credits during the 13-quarter period ending with the quarter of death, roughly a year and a half of work within the last three years of life.⁸ Fully insured status requires more credits depending on age at death, capped at 40 (about ten years of work).⁹

You Have Two Years to Apply

Applications must be filed within two years of the worker’s date of death.¹ After that, the benefit is lost. One exception exists: if the surviving spouse was already receiving wife’s or husband’s benefits on the deceased’s record for the month before death, the two-year limit does not apply.² Everyone else should file promptly.

How to Apply

The funeral home does not apply for you. When a funeral director reports the death to SSA on Form SSA-721, that establishes proof of death and may trigger automatic adjustments if the survivor already receives spousal benefits, but it is not an application for the $255 payment.¹⁰ You have to apply yourself.

There are three ways to do it:

Online through your my Social Security account at ssa.gov¹
By phone at 1-800-772-1213, Monday through Friday, 8 a.m. to 7 p.m.
In person at your local Social Security office

What to Bring

Have these ready before you contact SSA:¹¹

Social Security numbers for the deceased worker and for you
Proof of death (a certified death certificate or a funeral home report; certified copies typically cost $5 to $34 depending on the state)
Proof of relationship (marriage certificate for a spouse, birth certificate for a child)
Your bank routing and account numbers for direct deposit, or enrollment in a Direct Express prepaid debit card if you have no bank account¹²
The worker’s most recent W-2 or self-employment tax return, plus proof of U.S. citizenship or military discharge papers if SSA asks

If a document is missing, SSA can help track it down. Don’t let that hold up your application while the two-year clock is running.

Tax Treatment

The $255 payment is not subject to voluntary federal income tax withholding, and the IRS does not treat it as taxable income.¹³ You do not report it on your return.

1
Social Security Administration. Lump-Sum Death Payment
2
Office of the Law Revision Counsel. 42 USC 402 – Old-Age and Survivors Insurance Benefit Payments
3
Social Security Administration. SSA Handbook 431 – When No Spouse Living in Household
4
Social Security Administration. SSA Handbook 432 – Lump-Sum Payable to Children
5
Social Security Administration. SSA Handbook 1717 – Evidence of Common-Law Marriage
6
Social Security Administration. Survivors Benefits for Same-Sex Couples Social Media Toolkit
7
Social Security Administration. Requirements for the Lump-Sum Death Payment
8
eCFR. 20 CFR Part 404 Subpart B – Insured Status and Quarters of Coverage
9
Social Security Administration. Social Security Credits and Benefit Eligibility
10
Social Security Administration. Statement of Death by Funeral Director
11
Social Security Administration. Survivors Benefits
12
Social Security Administration. Direct Express Card Information
13
Social Security Administration. SSA Handbook 129 – Benefits Not Transferable