Social Security Survivor Benefits in Texas
Social Security Survivor Benefits in Texas
Social Security survivor benefits are federal - the same rules apply in every state. But Texas residents have a specific advantage: Texas has no state income tax, so you keep 100% of your benefits without state-level taxation. If you are a surviving spouse, child, or dependent parent, you may be eligible for monthly payments based on the deceased person's earnings record.
Here is how to claim what you are owed and how much to expect.
Immediate Steps After a Death
1. The Funeral Home Reports the Death
In most cases, the funeral home reports the death to the Social Security Administration (SSA) when they file the death certificate. You should confirm this was done rather than assume it.
2. Contact SSA
Call the SSA at 1-800-772-1213 (TTY 1-800-325-0778) to report the death and ask about survivor benefits. You cannot apply for survivor benefits online - you must call or visit a local Social Security office.
3. Return the Last Payment
If the deceased received a Social Security payment for the month they died, that payment must be returned. Social Security pays benefits one month behind, and the beneficiary must be alive for the entire month to keep that month's payment.
- If the payment was by direct deposit, contact the bank and ask them to return the payment to SSA
- If the payment was by check, do not cash it - return it to SSA
The $255 Lump-Sum Death Payment
The SSA pays a one-time lump-sum death payment of $255. This amount has not changed since 1954.
Who qualifies to receive it (in priority order):
- A surviving spouse who was living with the deceased at the time of death
- A surviving spouse eligible for benefits on the deceased's record in the month of death
- A child eligible for benefits on the deceased's record in the month of death
How to claim it:
- File Form SSA-8 (Application for Lump-Sum Death Payment)
- You must apply within 2 years of the date of death
- Call SSA or visit a local office to file
If no one qualifies under the priority rules, the $255 is not paid. It does not go to the estate.
Monthly Survivor Benefits
Monthly survivor benefits are based on the deceased person's lifetime earnings. The higher their earnings, the higher the benefit. Here is what each eligible survivor can receive:
| Survivor | Benefit Amount (% of deceased's full benefit) | Conditions |
|---|---|---|
| Widow/widower at full retirement age (FRA) | 100% | Must be at or above FRA |
| Widow/widower age 60-FRA | 71.5% - 99% | Reduced for early claiming; increases each month closer to FRA |
| Disabled widow/widower age 50-59 | 71.5% | Must have a qualifying disability |
| Widow/widower any age, caring for child under 16 | 75% | Child must be under 16 or disabled |
| Child under 18 (or 19 if full-time student) | 75% | Must be unmarried |
| Disabled adult child | 75% | Disability must have started before age 22 |
| Dependent parent age 62+ (one parent) | 82.5% | Must have received at least 50% support from deceased |
| Dependent parents age 62+ (two parents) | 75% each | Both must qualify |
Full Retirement Age for Survivors
The FRA for survivor benefits is not the same as for retirement benefits. It depends on your birth year:
| Birth Year | FRA for Survivor Benefits |
|---|---|
| 1945-1956 | 66 |
| 1957 | 66 and 2 months |
| 1958 | 66 and 4 months |
| 1959 | 66 and 6 months |
| 1960 | 66 and 8 months |
| 1961 | 66 and 10 months |
| 1962 or later | 67 |
Family Maximum
The total amount paid to all survivors on one worker's record is capped at 150% to 180% of the deceased's full benefit amount. If the total benefits for all eligible family members exceed this cap, each person's benefit is reduced proportionally.
How to Apply
You cannot apply for survivor benefits online. You must:
- Call SSA: 1-800-772-1213
- Visit a local office: Find your nearest office at ssa.gov/locator
Forms You May Need
| Form | Purpose |
|---|---|
| SSA-8 | Lump-sum death payment application |
| SSA-10 | Application for widow/widower's benefits |
| SSA-4 | Application for child's benefits |
Documents to Bring
- Death certificate (certified copy)
- Your Social Security number and the deceased's
- Your birth certificate
- Marriage certificate (if applying as a spouse)
- Divorce decree (if applying as a divorced spouse)
- Deceased's most recent W-2 or self-employment tax return
- Bank account information for direct deposit
Remarriage Rules
Remarriage affects your eligibility for survivor benefits:
- If you remarry before age 60 (or 50 if disabled), you lose eligibility for survivor benefits on the prior spouse's record - unless that later marriage ends (by death, divorce, or annulment)
- If you remarry at age 60 or later (50 if disabled), you remain eligible for survivor benefits on the deceased spouse's record
- You can then choose whichever benefit is higher: survivor benefits or spousal benefits on your new spouse's record
Divorced spouses can receive survivor benefits if the marriage lasted at least 10 years. The same remarriage age rules apply.
Earnings Limit
If you collect survivor benefits before your FRA and continue working, your benefits may be temporarily reduced:
- In 2026, you can earn up to $24,480 per year without reduction
- For every $2 you earn above that limit, $1 is withheld from your benefits
- In the year you reach FRA, the limit is $65,160 and the reduction formula is more generous ($1 per $3)
- After FRA, there is no earnings limit - you keep your full benefit regardless of income
Any benefits withheld due to the earnings limit are not lost permanently. SSA recalculates your benefit at FRA to credit you for the months benefits were reduced.
Switching Strategy
You may be eligible for both your own retirement benefit and a survivor benefit. A common strategy:
- Claim survivor benefits at 60 (at the reduced rate) while letting your own retirement benefit grow
- Switch to your own retirement benefit at 70 when it has reached its maximum (delayed retirement credits increase your benefit by 8% per year from FRA to 70)
Or the reverse:
- Claim your own retirement benefit early (as early as 62)
- Switch to survivor benefits at FRA to get 100% of the deceased's benefit
You can only receive one benefit at a time - SSA pays the higher of the two. Talk to SSA about which sequence makes sense for your situation.
WEP/GPO Elimination - Important for Texas Public Employees
The Social Security Fairness Act of 2023 was signed into law on January 5, 2025, eliminating both the Windfall Elimination Provision (WEP) and the Government Pension Offset (GPO).
This is a major change for many Texas workers, including:
- Texas public school teachers who participate in the Teacher Retirement System of Texas (TRS)
- State of Texas employees with ERS pensions
- Municipal workers in cities that opted out of Social Security
- County employees in some Texas counties
What Changed
- WEP (eliminated): Previously reduced your own Social Security retirement benefit if you also received a pension from work not covered by Social Security. This reduction is gone.
- GPO (eliminated): Previously reduced or eliminated your Social Security spousal or survivor benefit by two-thirds of your government pension. This offset is gone.
What This Means for Texas Survivors
If you are a surviving spouse who was previously denied survivor benefits - or had them reduced to zero - because of GPO, you should contact SSA immediately to have your benefits recalculated. Many Texas teachers and state employees who were told they did not qualify for survivor benefits are now eligible.
Texas Does Not Tax Social Security
Texas has no state income tax. Period. This means:
- Your Social Security survivor benefits are not taxed at the state level
- You keep more of your monthly benefit compared to residents of states that tax Social Security income
- You still may owe federal income tax on up to 85% of your benefits if your combined income exceeds certain thresholds ($25,000 for single filers, $32,000 for married filing jointly)
MERP Interaction
Texas operates a Medicaid Estate Recovery Program (MERP) that can seek reimbursement from a deceased person's estate for Medicaid benefits paid during their lifetime. Important distinctions:
- Social Security survivor benefits are income to the survivor - they are not an asset of the deceased's estate
- MERP cannot touch your survivor benefits directly
- However, if the deceased was on Medicaid, MERP can file a claim against the estate's probate assets (not the survivor's personal income)
For more on how MERP affects estate assets, see our guide on How to Close Bank Accounts After Death in Texas.
Frequently Asked Questions
How soon can I start receiving survivor benefits?
You can apply as soon as the death is reported to SSA. Benefits are generally retroactive up to 6 months from the application date (12 months for disabled widow/widowers). Apply as soon as possible to avoid losing months of benefits.
Can I receive both my own Social Security and survivor benefits?
Not simultaneously. SSA pays the higher of the two. But you can strategically claim one first and switch to the other later to maximize your lifetime benefits.
What if the deceased did not earn enough work credits?
The deceased generally needs 40 work credits (about 10 years of work) to qualify, but younger workers need fewer credits. If they died before earning enough credits, you may not qualify for monthly survivor benefits, though the $255 lump sum may still apply.
How long do survivor benefits last?
For a widow/widower without a qualifying child: benefits continue for life (assuming you meet the age requirements). For a child: benefits end at age 18 (or 19 if still in high school full-time). For a disabled adult child: benefits continue as long as the disability persists.
I am a Texas teacher. Can I now get survivor benefits?
If the GPO previously reduced or eliminated your survivor benefits because of your TRS pension, yes - contact SSA to have your case reviewed. The Social Security Fairness Act of 2023 (signed January 5, 2025) eliminated GPO, and you may now be eligible for the full survivor benefit.
What to Do Next
Kaira organizes every step for your state — deadlines, forms, and next actions — so nothing gets missed. See how it works.
Related guides:
- Texas Funeral Cost Guide - understand and manage funeral expenses
- How to Close Bank Accounts After Death in Texas - handling the deceased's finances
- End-of-Life Planning Checklist for Texas Residents - plan ahead to protect your family
Disclaimer: This article provides general information about Social Security survivor benefits. It is not legal or financial advice. Benefit amounts depend on individual circumstances. Contact the Social Security Administration at 1-800-772-1213 for personalized guidance.
Sources: Social Security Act; Social Security Fairness Act of 2023 (enacted January 5, 2025); SSA Program Operations Manual; 42 U.S.C. Section 402.