When a spouse dies, the first calls are to 911 or the care facility and then to a funeral home; after that, your work is to order certified death certificates, notify Social Security and the other institutions that need to know, make a health insurance decision within 60 days if you were on your spouse’s plan, protect yourself from debts you may not owe, retitle property and claim beneficiary assets, file a final joint tax return, and open probate or administer the trust. That is what to do when your spouse dies, in rough order. Several of these steps have real deadlines, some as short as 30 days, and the sections below walk through each one.
The First Days
If the death happens at home and was unexpected, call 911. Paramedics or a coroner must officially pronounce the death before anything else can move forward. In a hospital or care facility, the staff handles this.
Call a funeral home next. The funeral director takes over physical care of the remains and helps you arrange burial or cremation. They will ask for your spouse’s full legal name, date of birth, and Social Security number to complete the paperwork, including Form SSA-721, which reports the death to Social Security.1Social Security Administration. Statement of Death By Funeral Director Form SSA-721 Most funeral homes submit that report for you, so a separate call to SSA usually isn’t needed.2Social Security Administration. What to Do When Someone Dies
Secure the house, the car, and personal belongings, especially if the home will be empty. If spare keys are unaccounted for, change the locks. It feels cold in the moment and prevents problems later.
Order Certified Death Certificates
Almost every institution you deal with over the next several months will ask for a certified copy of the death certificate: banks, insurers, Social Security, retirement plan administrators, the DMV, the probate court. Order more than you think you need. Five to ten copies is a reasonable starting point for a straightforward estate, and more if your spouse held accounts at many institutions or owned real estate in more than one place.
The funeral home can order copies, or you can request them directly from the vital records office in the county where the death occurred. Fees run roughly $5 to $34 per copy depending on the state, and ordering extras at the same time is cheaper than coming back. Informational copies, which some states sell for less, are not accepted by banks or courts. Make sure every copy is certified.
Gather the Documents You’ll Need
Pulling the paperwork together early saves hours of frustration once institutions start asking.
- Estate planning documents: the will, any trust agreements, advance directives. A power of attorney your spouse granted to someone else is no longer valid after death; the will and trust are what control from here.
- Financial records: statements for bank, investment, and brokerage accounts, credit cards, mortgages, auto loans, and other debts. Recent tax returns are useful because they surface income sources and accounts you may not know about.
- Retirement and pension information: 401(k), IRA, and pension statements showing named beneficiaries.
- Insurance policies: life, health, auto, homeowners, and supplemental coverage like accidental death. Ask the employer too — group life and AD&D plans get forgotten.
- Property records: deeds, vehicle titles, business ownership documents.
- Identification: Social Security card, driver’s license, passport, and your marriage certificate. Several institutions will ask for the marriage certificate.
- Contact information: the employer, attorney, financial advisor, accountant, and insurance agents.
Online accounts are easy to overlook. Email, social media, cloud storage, subscription services, cryptocurrency wallets, and online banking all need attention. Most states have adopted a version of the Revised Uniform Fiduciary Access to Digital Assets Act, which gives an executor limited authority over a deceased person’s digital property. Access to the actual content of emails and messages usually requires that your spouse gave prior written consent, either in the will, trust, or through an online tool offered by the platform. Without that consent, the platform’s terms of service control, and most default to denying access. A password manager or a written credential list makes this far easier; without one, the executor contacts each platform with a death certificate and proof of appointment.
Who to Notify and What You Can Claim
Social Security
If the funeral home filed the SSA-721, Social Security already knows. Otherwise call 1-800-772-1213 to report the death.2Social Security Administration. What to Do When Someone Dies Ask about the one-time $255 lump-sum death payment available to a surviving spouse. You must apply within two years of the death. A surviving spouse who was not living with the deceased may still qualify if otherwise eligible for benefits on the deceased’s record.3Social Security Administration. Lump-Sum Death Payment
You may also qualify for monthly survivor benefits based on your spouse’s earnings record. The amount depends on your age when you start collecting. At 60, you can take reduced benefits at roughly 71.5% of your spouse’s amount, rising to 100% at full retirement age for survivors, which falls between 66 and 67 depending on your birth year.4Social Security Administration. What You Could Get From Survivor Benefits A surviving spouse caring for the deceased’s child under 16 may qualify at any age.5Social Security Administration. Survivor Benefits
Banks and Financial Institutions
Notify every bank, credit union, and brokerage where your spouse held accounts. Joint accounts with right of survivorship pass directly to you and generally just need a death certificate to update the title. Accounts in your spouse’s name alone may be frozen and handled through probate or a small estate process, depending on the balance and your state’s rules.
Insurance
Call the life insurer to open a claim. You will need a certified death certificate and the insurer’s claim form. Most life policies pay out within 30 to 60 days once paperwork is complete. Call health, auto, and homeowners carriers as well to update coverage or remove your spouse’s name.
Employer
Contact your spouse’s employer (or former employer) about a final paycheck, accrued vacation pay, group life insurance, and retirement accounts. Many employers offer AD&D or supplemental life coverage that employees enroll in once and forget. Ask HR to check. Notify your own employer too, for bereavement leave.
Credit Bureaus
Contact Experian, Equifax, and TransUnion to place a deceased alert on your spouse’s credit file. Identity thieves target recent deaths more often than people expect. Each bureau will want a certified death certificate.
DMV, Voter Registration, and Mail
Notify the DMV to cancel your spouse’s driver’s license, which closes off one route to identity fraud. Contact your county election office to remove your spouse from the voter rolls. To redirect your spouse’s mail, go to a post office in person with documentation showing you are the executor or administrator. The postal service won’t forward a deceased person’s mail on a death certificate alone; it needs letters of administration or similar proof of authority.6USPS. Standard Forward Mail and Change of Address
Utilities and Subscriptions
Transfer electric, gas, water, internet, phone, and other services into your name, or cancel what you no longer need. Check for autopay on your spouse’s credit or debit cards so you can update payment methods before services get interrupted.
Health Insurance in the First 60 Days
If you were covered under your spouse’s employer-sponsored plan, you have an immediate decision. Under federal COBRA rules, a surviving spouse and any dependent children can continue the existing coverage for up to 36 months.7U.S. Department of Labor. Death of a Family Member You generally have 60 days from the date you receive the plan’s COBRA notice to elect coverage. Premiums are steep because you pay the full cost the employer was subsidizing plus a 2% administrative fee, but COBRA buys time.
The death also qualifies you for a Special Enrollment Period on the Health Insurance Marketplace, giving you 60 days to enroll in a new plan outside open enrollment. If you are 65 or older, Medicare may already be an option. Compare carefully: COBRA keeps your current doctors and network, but a Marketplace plan with premium tax credits may cost significantly less.
Your Spouse’s Debts and What You Actually Owe
Debt collectors sometimes call quickly, and knowing the rules prevents expensive mistakes. You are generally not responsible for your spouse’s individual debts unless you co-signed the loan, were a joint account holder on a credit card, or live in a community property state.8Consumer Financial Protection Bureau. Am I Responsible for My Spouses Debts After They Die Being an authorized user on a credit card is not the same as being a joint account holder; authorized users are generally not liable for the balance.
Unpaid debts are paid from the estate’s assets before anything is distributed to heirs. If the estate doesn’t have enough to cover everything, certain debts simply go unpaid.9Consumer Financial Protection Bureau. Does a Persons Debt Go Away When They Die You do not have to use your own savings to cover a shortfall.
Community property states are the main exception: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. In those states, debts incurred during the marriage may be considered shared obligations, and a surviving spouse can be held responsible even without co-signing. If you live in one of these states, talk to an attorney before paying or refusing to pay any debts.
Transferring Property and Beneficiary Assets
The Home and the Mortgage
How the home transfers depends on how the deed is titled. If you owned the property as joint tenants with right of survivorship or as tenants by the entirety, it passes to you automatically. You will typically file a death certificate and an affidavit of survivorship with the county recorder to update the title.
If your spouse was the sole borrower on the mortgage, you might worry the lender will demand full repayment. Federal law prevents that. Under the Garn-St. Germain Depository Institutions Act, a lender cannot trigger a due-on-sale clause when property transfers to a surviving spouse or to a relative because of the borrower’s death.10Office of the Law Revision Counsel. 12 US Code 1701j-3 – Preemption of Due-on-Sale Prohibitions You have the right to keep making payments under the original loan terms. Federal mortgage servicing rules also require your servicer to work with you on the assumption process and evaluate you for loss mitigation if needed.11Consumer Financial Protection Bureau. CFPB Report Finds Mortgage Companies Create Obstacles for Homeowners After Death or Divorce
Vehicles
Check the title. If both names appear with “or” between them, you can usually transfer the title at the DMV with a death certificate. If only your spouse’s name is on the title, the vehicle may need to pass through the estate before you can retitle it. Some states offer a simplified affidavit process for a surviving spouse that avoids full probate.
Retirement Accounts and Pensions
Retirement accounts like 401(k)s and IRAs pass to the named beneficiary regardless of what the will says, and skip probate entirely. Contact each plan administrator with a death certificate and claim form. As a surviving spouse, you have options other beneficiaries don’t, including rolling an inherited account into your own IRA to delay required withdrawals and continue tax-deferred growth. Rules vary by account type and your age, so run the decision past a financial advisor or tax professional.
Unclaimed Assets
Check whether your spouse has forgotten money sitting somewhere. State unclaimed property offices hold billions in dormant bank accounts, uncashed checks, and insurance proceeds. Federal databases cover unclaimed pension benefits through the Pension Benefit Guaranty Corporation, unreceived tax refunds through the IRS, and matured savings bonds through TreasuryHunt.gov.12USAGov. How to Find Unclaimed Money From the Government If your spouse lived in multiple states over the years, search each one.
Taxes After a Spouse’s Death
The Final Income Tax Return
Your spouse’s final federal return covers January 1 through the date of death and is filed on Form 1040. The deadline follows the normal April 15 schedule for the year after death. For a 2026 death, the final return is due April 15, 2027.13Internal Revenue Service. Filing a Final Federal Tax Return for Someone Who Has Died
You can file that final return jointly with your deceased spouse for the year of death, which usually produces a lower tax bill. If no executor has been appointed, you can file the joint return yourself and sign as “Filing as surviving spouse.” The option to file jointly disappears if you remarry before the end of the year your spouse died.14Internal Revenue Service. Publication 559 – Survivors, Executors, and Administrators
Qualifying Surviving Spouse Status
For the two tax years after the year of death, you may be able to use “qualifying surviving spouse” filing status if you have a dependent child living with you and pay more than half the cost of maintaining the household. This status gives you the same standard deduction and tax brackets as married filing jointly, significantly more favorable than single or head of household. It is one of the most valuable and most overlooked tax benefits available to surviving spouses with children.
Step-Up in Basis
When you inherit property from your spouse, the tax basis resets to its fair market value on the date of death. This is called a step-up in basis. If your spouse bought stock for $20,000 that was worth $100,000 at death, your new basis is $100,000. Sell it for $100,000 and you owe zero capital gains tax on the appreciation that occurred during your spouse’s lifetime.15Internal Revenue Service. Gifts and Inheritances This applies to real estate, stocks, mutual funds, and other appreciated assets. Do not sell inherited property without first establishing the stepped-up basis with your tax professional.
Estate Income and Estate Tax
If the estate earns income after the date of death (interest, dividends, rent, asset sales), the executor must file Form 1041 when that income reaches $600 or more.16Internal Revenue Service. Instructions for Form 1041 This is a separate return for the estate as its own tax entity.
Federal estate tax applies only to very large estates. For deaths in 2026, the exemption is $15,000,000; estates below that owe no federal estate tax.17Internal Revenue Service. Whats New – Estate and Gift Tax Some states impose their own estate or inheritance taxes at lower thresholds, so check your state’s rules.
Probate, Trusts, and Filing the Will
Probate is the court-supervised process of validating a will, paying debts, and distributing what’s left. It is required when assets are held solely in the deceased’s name without a named beneficiary, joint owner, or transfer-on-death designation.18Fidelity. What Is Probate and How Does It Work – Section: When Is Probate Required Joint accounts, retirement accounts with beneficiaries, life insurance proceeds, and property held in a trust all bypass probate.
The executor (sometimes called a personal representative) inventories assets, notifies creditors, pays debts and taxes, and distributes what remains to the beneficiaries. Initial court filing fees alone range from roughly $50 to over $1,000 depending on the state and the estate’s value, and the process can take months to well over a year for complex or contested estates.
Most states require anyone holding an original signed will to file it with the probate court within a set deadline after the death, often 30 days to a few months. Missing that deadline can expose you to a lawsuit from anyone harmed by the delay, and intentionally concealing a will is a criminal offense in some states. File the will with the court even if you don’t plan to open a formal probate case.
If the estate is small enough, your state may offer a simplified process that avoids full probate. Most states allow heirs to collect assets through a small estate affidavit when the total value falls below a certain threshold, ranging from as low as $5,000 to as high as $150,000. The affidavit process is faster and cheaper and requires little or no court involvement. The county probate clerk can tell you whether the estate qualifies.
If your spouse set up a revocable living trust and funded it with their assets, those assets are distributed by the successor trustee named in the trust document, without court supervision. Trust administration is generally faster and more private than probate, since no public court filings are required. The trustee pays debts and taxes, manages assets during the transition, and distributes property under the trust terms, answering to the beneficiaries rather than a judge.
Simple estates with a clear will, cooperative heirs, and straightforward assets can sometimes be handled without an attorney, especially where a small estate affidavit applies. For anything involving significant real estate, business interests, contested claims among heirs, or tax complexity, an estate attorney is usually worth the cost. The same is true if your spouse died without a will.
If Your Spouse Was a Veteran
Military service brings additional benefits worth claiming.
- Burial allowance. For a service-connected death on or after September 11, 2001, the VA provides up to $2,000 toward burial costs. For non-service-connected deaths on or after October 1, 2025, the burial allowance is $1,002 plus a $1,002 plot allowance.19Veterans Affairs. Veterans Burial Allowance and Transportation Benefits
- National cemetery burial. Your spouse is eligible for burial in a VA national cemetery at no cost, including the gravesite, opening and closing of the grave, and a headstone or marker. As a surviving spouse, you are also eligible for burial alongside the veteran.20National Cemetery Administration. Eligibility – Persons Eligible for Burial in a National Cemetery
- Survivors pension. If the veteran served during a wartime period and met minimum service requirements, and you have not remarried, you may qualify for a monthly survivors pension based on your income and net worth. The limits are set by Congress and adjusted periodically.21Veterans Affairs. Survivors Pension
Contact the VA at 1-800-827-1000 or visit va.gov to start any of these claims. None of them are automatic; each one requires a separate application.