What is the tax status of a spouse who died?

Asked by: Prof. John Nienow DDS  |  Last update: January 3, 2026
Score: 4.4/5 (5 votes)

The surviving spouse is eligible to file as Married Filing Jointly or Married Filing Separately. Surviving spouses who have remarried must file with the new spouse, either jointly or separately. The deceased spouse's filing status becomes Married Filing Separately.

Do you get a tax break if your spouse dies?

Qualifying widow or widower

Surviving spouses with dependent children may be able to file as a Qualifying Widow(er) for two years after their spouse's death. This filing status allows them to use joint return tax rates and the highest standard deduction amount if they don't itemize deductions.

What is the tax status for a surviving spouse?

Qualifying Surviving Spouse Filing Status

Taxpayers who do not remarry in the year their spouse dies can file jointly with the deceased spouse. For the two years following the year of death, the surviving spouse may be able to use the Qualifying Surviving Spouse filing status.

What are the IRS rules for surviving spouse after death?

Qualifying widow or widower

Surviving spouses with dependent children may be able to file as a Qualifying Surviving Spouse for two years after their spouse's death. This filing status allows them to use joint return tax rates and the highest standard deduction amount if they don't itemize deductions.

When a spouse dies checklist?

  • Write Obituary. - Request help or input.
  • Documents to Gather: - Death Certificates (12-15 copies)
  • Insurances. - File claims (Life Insurance)
  • Contact Social Security. Apply for benefits: 1-800-772-1213.
  • Contact Division of Motor Vehicles. Cancel license to avoid identity theft.
  • House Title – Registry of Deeds. 617-679-6300.

How Do I File Taxes After My Spouse Dies? | Ask a Savant Financial Advisor

30 related questions found

What is a widow entitled to when her husband dies?

If your spouse built up entitlement to the State Second Pension between 2002 and 2016, you are entitled to inherit 50% of this amount; PLUS. If your spouse built up entitlement to Graduated Retirement Benefit between 1961 and 1975, you are entitled to inherit 50% of this amount.

What not to do when a spouse dies?

Top 10 Things Not to Do When Someone Dies
  1. 1 – DO NOT tell their bank. ...
  2. 2 – DO NOT wait to call Social Security. ...
  3. 3 – DO NOT wait to call their Pension. ...
  4. 4 – DO NOT tell the utility companies. ...
  5. 5 – DO NOT give away or promise any items to loved ones. ...
  6. 6 – DO NOT sell any of their personal assets. ...
  7. 7 – DO NOT drive their vehicles.

What is the most advantageous filing status for a widow?

Filing the Year Following the Year of Death

It's called the qualifying widow(er) tax filing status. The qualifying widow status, which provides many of the same tax benefits as the married filing jointly status, is not available to everyone.

What is my tax status if my spouse dies?

The deceased spouse's filing status becomes Married Filing Separately. Surviving spouses who have a dependent child may be able to use the Qualifying Widow(er) status in the two tax years following the year of the spouse's death.

When a husband dies, does his wife get his social security?

Surviving spouse, at full retirement age or older, generally gets 100% of the worker's basic benefit amount. Surviving spouse, age 60 or older, but under full retirement age, gets between 71% and 99% of the worker's basic benefit amount.

What is the widow's tax trap?

Widows often receive less income but will be pushed to higher tax brackets. In addition to higher tax rates, widows lose half the standard deduction as a single filer, increasing their tax bill as a result.

How does death of spouse affect tax return?

In the year of a spouse's death, the surviving spouse usually is considered married for the entire year, for tax purposes. Therefore, the surviving spouse can file a joint return for that year. This rule also applies if both spouses die during the same tax year.

Are funeral expenses tax deductible?

Funeral expenses aren't tax deductible for individuals, and they're only tax exempt for some estates. Estates worth $11.58 million or more need to file federal tax returns, and only 13 states require them. For this reason, most can't claim tax deductions.

Do widows pay more taxes after spouse dies?

Simply put, the widow's penalty is when a surviving spouse ends up paying more taxes on less income after the death of their spouse. This happens when a widow or widower starts filing as a single filer the year after their spouse's death.

What is my filing status if I am a widow?

Provided you remain unmarried for two years following the death, you can use the qualified widow(er) tax filing status for up to two years after the year your spouse dies. You may use the married filing jointly status in the year your spouse dies, or married filing separately (if you prefer).

What is the IRS standard deduction for widow?

The standard deduction for taxpayers who do not itemize deductions on Form 1040, Schedule A, has increased. The standard deduction amounts for 2024 are: $29,200 – Married Filing Jointly or Qualifying Surviving Spouse (increase of $1,500)

When should married couples file separately?

There are several situations in which a couple should file separately. These include divorce or separation, issues with liability, the repayment of student loans, or different pay scales.

Is surviving spouse responsible for taxes?

Yes, the IRS can hold a decedent's surviving spouse liable for unpaid taxes. This can happen when: The couple filed a joint tax return. The decedent owed back taxes on a return involving a property they co-owned with the surviving spouse that they filed as married filing separately.

Should I file as single or qualifying widow?

For two tax years after the year your spouse died, you can file as a qualifying widow(er), which gets you a higher standard deduction and lower tax rate than filing as a single person.

What is the difference between survivor benefits and widow benefits?

The short version: Spousal benefits are available to retired workers' spouses or ex-spouses. They pay up to 50% of a worker's monthly retirement or disability benefit. Survivor benefits are paid to a surviving spouse or surviving ex-spouse when a Social Security beneficiary dies.

How much of social security is taxable?

Between $25,000 and $34,000, you may have to pay income tax on up to 50% of your benefits. More than $34,000, up to 85% of your benefits may be taxable.

What happens if my husband died and my name is not on the deed?

In many cases, the spouse can inherit your house even if their name was not on the deed. This is because of how the probate process works. When someone dies intestate, their surviving spouse is the first one who gets a chance to file a petition with the court that would initiate administration of the estate.

What not to do during mourning period?

What not to do when you're grieving
  • Live in the past.
  • Ideal the person or your previous situation.
  • Refuse to make the necessary changes to move forward.
  • Dwell in self-pity. ...
  • Lose respect for own body… ...
  • Remain withdrawn or run away from your feelings.
  • Rely on alcohol and/or other drugs.

When my husband dies, do I get his social security and mine?

If your spouse dies, do you get both Social Security benefits? You cannot claim your deceased spouse's benefits in addition to your own retirement benefits. Social Security only will pay one—survivor or retirement. If you qualify for both survivor and retirement benefits, you will receive whichever amount is higher.