In the days after a death, Social Security and pensions are often the biggest worry, especially when the person who died was the one bringing the check home. This guide explains whom to notify, what money must be returned and what benefits the family can apply for.
Something important before you start. Social Security survivor benefits are paid directly to each survivor who qualifies, in their own right. They are not divided among the heirs like the rest of the estate, and they don't depend on the declaratoria de herederos (declaration of heirs).
Notifying Social Security
The funeral home usually does it. Social Security explains that funeral homes generally report deaths to it, so the family almost never needs to. If no funeral home was involved, or if you aren't sure it reported the death, call 1-800-772-1213 and have the person's name, Social Security number, date of birth and date of death at hand.
Use the call to ask about benefits. Reporting a death is not an application. If you are the spouse, have minor children of the deceased or depended on them financially, ask what you can apply for.
For the other tasks of those first days, see first steps after a death.
Payments that must be returned
The rule. Social Security requires that benefits received for the month of death and any later month be returned. Because Social Security pays each month's benefit in the following month, the deposit that arrives after the death almost always corresponds to the month the person died.
- If the payment was by direct deposit: contact the bank or credit union (cooperativa) and ask it to return the funds received for the month of death or later months.
- If a check arrived: don't cash it. Send it back to Social Security as soon as possible.
Don Ernesto died on June 20. In July, the Social Security deposit for June arrives in his account. Even though Don Ernesto lived almost all of June, that payment must be returned, along with any other that arrives later. His wife, Doña Lucy, should not spend that money, even if the account is joint.
Be careful with joint accounts. Having the account in both names doesn't change the rule. Also, banks have limits on releasing funds from the deceased's accounts without the relevo (the lien release from the Departamento de Hacienda, Puerto Rico's Treasury, formally the Certificación de Cancelación de Gravamen). We explain this in bank accounts of the deceased.
The $255 one-time death payment
Social Security makes a one-time payment of $255:
- To the spouse who was living with the deceased. If they were living apart, the spouse may qualify if they were receiving, or could receive, certain benefits on the deceased's record.
- To eligible children, if there is no spouse.
There is a 2-year deadline. The payment must be requested within 2 years of the death, online with a my Social Security account or by phone at 1-800-772-1213. The calculator helps you see that date alongside the other estate deadlines:
Monthly survivor benefits
If the deceased worked and paid into Social Security long enough, some family members can receive a monthly payment.
| Who | Main requirements |
|---|---|
| Surviving spouse | Age 60 or older, or from age 50 if they have a disability; married to the deceased at least 9 months |
| Spouse caring for the deceased's child | Any age, if caring for a child of the deceased who is under 16 or has a disability and receives benefits |
| Former spouse | Generally, if the marriage lasted at least 10 years |
| Children | Unmarried and under 18; up to 19 if attending elementary or high school full time; or over 18 with a disability that began before 22 |
| Dependent parents | Age 62 or older, if they depended on the deceased for at least half of their support |
How much you receive. It depends on the deceased's work record, so there's no single figure for everyone. As a reference, Social Security says a surviving spouse receives from 71.5% of the deceased's basic benefit if they apply at the earliest age, up to 100% if they wait until their full retirement age. Children generally receive 75%. There is a family maximum: if several family members collect on the same record, the total is capped.
Ask for your estimate. Only Social Security can tell you how much you're entitled to. If you already collect your own retirement benefit, ask how it combines with the survivor benefit.
If there are minor children, each child's benefit is paid in the child's name, usually through the parent who cares for them. For other aspects of a minor's inheritance, see minors as heirs.
Government of Puerto Rico pensions (Retiro)
If the deceased was a pensioner of the Government, the Judiciary or the Teachers System, the Administración de los Sistemas de Retiro (Retirement Systems Administration, known as "Retiro") offers an online Notificación de Fallecimiento (Death Notification) service on its official portal, retiro.pr.gov, which is in Spanish. The same portal has tools for designating beneficiaries in the Government and Judiciary systems, the Teachers system and the Law 106 plan.
Ask which benefits apply. Depending on the system and the law that covered the deceased, there may be a death benefit or a refund of contributions to the designated beneficiaries or to the heirs. We don't publish amounts because we couldn't confirm which ones remain in effect after the reforms of recent years. Also ask whether you need to return any payment deposited after the death.
Private pensions, retirement plans and annuities
Talk to the plan administrator. If the deceased received a pension from a private employer or had a retirement plan such as a 401(k), an IRA or an annuity, contact the employer or the institution that manages it. What the family receives depends on the contract and on what the deceased chose during their lifetime, for example, whether they elected a pension with a surviving spouse benefit.
Designated beneficiaries. Many of these accounts have a named beneficiary. The Código Civil de Puerto Rico de 2020 (2020 Civil Code) doesn't regulate those designations, so the plan's terms are followed. The same is true of life insurance; see life insurance and beneficiaries.
Hacienda's limits. Without the relevo or an authorization from Hacienda, financial institutions can't release more than $15,000 or 25% of the funds, whichever is greater, and insurers can't pay more than $5,000 or 40% of the policy's total value, whichever is greater (Internal Revenue Code, Section 2054.05). That's why the institution may ask for Hacienda's lien release (relevo) before paying the rest.
If the deceased was a federal employee or a veteran, the corresponding federal agencies have their own processes for survivors. Ask those agencies directly.
Taxes. What the family collects after the death may have tax consequences. See taxes of the estate.
Frequently asked questions
Do I have to notify Social Security if the funeral home already did?
You don't need to report the death again. But if you may qualify for benefits, you do need to contact Social Security to apply for them, because the funeral home's report is not an application.
Can I keep the deposit that arrived the month after the death?
No. That deposit corresponds to the month of death and must be returned. Ask the bank to return it or, if a check arrived, don't cash it and send it back.
Can I collect anything if I was married to him for 12 years but we divorced?
Possibly. Generally, a former spouse may qualify for survivor benefits if the marriage lasted at least 10 years, and age requirements also apply. Check with Social Security.
Are Social Security benefits part of the estate?
Survivor benefits are not divided among the heirs; they are paid to each person who qualifies. If you want to understand who is an heir and who isn't, see rights of the surviving spouse.
Sources
- Social Security Administration, "Survivors Benefits", Publicación 05-10008 (julio de 2026). ssa.gov
- Social Security Administration, "Lump-sum death payment". ssa.gov
- Social Security Administration, "When someone dies". ssa.gov
- Social Security Administration, "Survivor benefit amount". ssa.gov
- Social Security Administration, "Survivor eligibility". ssa.gov
- Administración de los Sistemas de Retiro, portal oficial. retiro.pr.gov
- Código de Rentas Internas de Puerto Rico de 2011, Sección 2054.05 (OGP, Rev. 28 may. 2026). bvirtualogp.pr.gov
CaudalRelicto.com is an independent guide. It is not Puerto Rico's Departamento de Hacienda, the courts or any government agency. This page is general information, not legal advice from an attorney who knows your case. Names and figures in examples are hypothetical. Found an error? Tell us.
