My spouse died. What do I need to do?
A different path than losing a parent: spousal shortcuts, the elective share, and a tax election worth keeping.
Losing a spouse comes with its own steps, and some real advantages the law gives you. The basics still apply first: order death certificates, notify Social Security (you may qualify for survivor benefits), and secure the accounts.
Probate is often simpler
Assets you owned jointly, like a home or joint bank accounts, usually pass to you automatically with no probate needed. You mainly record the death certificate to clear the title.
Your protections
A spouse generally can't be disinherited. If the will leaves you too little, most states give you the right to claim an “elective share” instead, on a strict deadline.
The tax election worth keeping
Even if no estate tax is due, filing a federal estate-tax return (Form 706) within nine months can preserve your late spouse's unused exemption for your own estate later. This is called portability, and for larger estates it can save a great deal.
Answer five quick questions and we'll tell you whether you need probate, what money you can recover, and the very first thing to do.
Start free →Common questions
Jointly owned assets usually pass to you automatically. The rest depends on the will or, if there's none, on state law.
Filing Form 706 within nine months lets you keep your late spouse's unused estate-tax exemption for your own estate later. For larger estates it can save a lot.