Who is responsible for notifying the Social Security Administration of a death to stop payments and prevent overpayment issues in California?
In most cases, the funeral home you use will notify the Social Security Administration (SSA) of the death. However, the surviving spouse or the personal representative (executor) of the estate is ultimately responsible for ensuring the SSA is notified and for returning any payments received after death.
Here is how you should handle the notification process:
Step 1: Provide Information to the Funeral Home
When making funeral arrangements, give the deceased's Social Security Number to the funeral director. Most funeral homes provide death information to the SSA as part of their services, pursuant to their duties under the California Health and Safety Code. Ask the director to confirm they will be making this report.
Step 2: Notify the SSA Directly
Do not assume the funeral home has notified the SSA. You should contact the SSA directly as soon as possible. You can do this by calling their national office at 1-800-772-1213. You cannot report a death online. Have the deceased's Social Security Number, date of birth, and date of death ready when you call.
Step 3: Return Payments Issued After Death
You must return any benefits paid out for the month after the person's death. For example, if the person died in May, the check they receive in June (which is the payment for May) must be returned. If the payment was made by direct deposit, contact the bank and ask them to return the funds to the SSA. If it was a paper check, do not cash it; write "VOID" on the check and mail it back to your local SSA office.
Step 4: Inquire About Survivor Benefits
While you are on the phone with the SSA, ask about potential benefits for surviving family members. A surviving spouse or child may be eligible for a one-time lump-sum death payment of $255 or ongoing monthly survivor benefits.
Important details and nuances:
The personal representative of an estate has a legal duty under the California Probate Code to manage the decedent's financial affairs, which includes resolving any SSA overpayments. Benefits are not due for the month of death itself. A person must live through the entire month to be eligible for that month's payment.
Warnings and limitations:
Promptly notifying the SSA and returning overpayments is critical to avoid collection actions against the estate or surviving family members. Do not provide personal information to anyone claiming to be from the SSA who calls you unexpectedly; this could be a scam.
This is general information and does not constitute legal advice. For complex situations, such as large estates or significant overpayment issues, 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 14, 2025
Social Security
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