How do I apply for Social Security survivor benefits as a widow or widower living in California?
To apply for Social Security survivor benefits in California, you must gather required documents and submit an application to the Social Security Administration (SSA). You can typically begin the application process immediately after your spouse's or registered domestic partner's death.
Here is how to apply:
Step 1: Confirm Your Eligibility
You are generally eligible if you were married to the deceased for at least nine months, are at least 60 years old (or 50 if disabled), or are any age and caring for the deceased's child who is under age 16 or disabled. California's recognition of marriage (Family Code Section 300) and registered domestic partnerships (Family Code Section 297) is relevant, but federal SSA rules ultimately determine eligibility.
Step 2: Collect Necessary Documents
Gather the following original documents or certified copies. To obtain a death certificate in California, you can apply through the county recorder's office where the death occurred, as permitted by Health and Safety Code Section 103526. You will need:
- Proof of death (a certified copy of the death certificate)
- Your birth certificate
- Your Social Security number and your deceased spouse's number
- Your marriage certificate
- Your most recent tax returns and the deceased’s W-2 forms
- Your bank information for direct deposit
Step 3: Choose How to Apply
You have three options to file your application with the SSA:
1. Online at www.ssa.gov. This is often the most convenient method.
2. By phone by calling the SSA's national number at 1-800-772-1213.
3. In person at a local SSA office. It is highly recommended to call ahead and schedule an appointment.
Step 4: Submit Your Application and Follow Up
Complete the application carefully and submit it with all required documentation. After you apply, the SSA may contact you if they need more information. You can check the status of your application online through your "my Social Security" account.
Important Details and Nuances:
There is a one-time lump-sum death payment of $255 available to an eligible surviving spouse. You must apply for this payment within two years of the date of death. If you were in a registered domestic partnership, be prepared to provide additional evidence of your relationship, as federal rules for Social Security can be complex. Remarrying before age 60 (or 50 if disabled) will generally prevent you from receiving survivor benefits.
Warnings and Limitations:
Be aware that Social Security is a federal program, and federal law governs final eligibility determinations. Never provide personal information to anyone who calls you claiming to be from the SSA unless you have initiated the contact. The SSA will not threaten you or demand immediate payment.
This is general information and does not constitute legal advice. For complex situations, such as those involving registered domestic partnerships or questions about eligibility, consult with a qualified California attorney.
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Disclaimer:
This information is for general guidance only and should not be considered as legal advice. Please consult with a qualified attorney for specific legal matters.
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Updated: August 13, 2025
Social Security
Benefits, disability claims, and retirement planning
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