What are the steps for a minor child in California to claim survivor benefits from a deceased parent's Social Security record?
To claim Social Security survivor benefits for a minor child in California, the child's surviving parent or legal guardian must apply on their behalf to the Social Security Administration (SSA) with proof of the parent-child relationship.
Here are the steps to take:
Step 1: Gather Essential Documents
Before applying, you must collect several key documents. These include the deceased parent's death certificate, the child's original birth certificate, and the Social Security numbers for the deceased parent, the child, and the surviving parent or guardian who is applying. You will also need your bank account information for direct deposit of the benefits.
Step 2: Prove the Parent-Child Relationship
If the deceased parent is not listed on the birth certificate, you must provide additional proof. The SSA looks to state law to determine parentage. Under California law, this can include a court order of paternity, a signed Voluntary Declaration of Paternity, or evidence that meets the legal standards for a presumed parent, such as proof the deceased parent publicly acknowledged and supported the child (California Family Code § 7611; Probate Code § 6453).
Step 3: Contact the Social Security Administration
You should apply as soon as possible after the parent's death to maximize benefits. The fastest way to apply is to call the SSA at 1-800-772-1213 to schedule a phone or in-person appointment. While you can review information online at SSA.gov, you will need to speak with a representative to complete the child's application.
Step 4: Complete the Application
During your appointment, an SSA representative will help you complete the "Application for Child's Insurance Benefits." You will need to provide all the documents you gathered. Be prepared to answer questions about the deceased parent's work history, the child's status, and your role as the applicant.
Important Details and Nuances
In California, a "minor" is a person under 18 years of age (Probate Code § 241). Benefits are payable to an unmarried child under 18, or up to age 19 if they are a full-time high school student. The benefit amount is a percentage of the deceased's Social Security benefit. The money is paid to a "representative payee" (usually the surviving parent), who must use it for the child's care and well-being.
Warnings and Limitations
While there is no strict deadline to apply, benefits may only be paid retroactively for up to six months from the application date. Delaying your application can result in a permanent loss of benefits. Cases involving disputed parentage may require you to take legal action to establish the relationship before the SSA will approve the claim.
This is general information and does not constitute legal advice. For complex situations, especially those involving establishing parentage, you should consult with a qualified California attorney.
Useful Links
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.
Views: 35
Updated: August 14, 2025
Social Security
Benefits, disability claims, and retirement planning
View All Questions