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Survivor Benefits After a Death in Texas: Social Security, the VA, and Life Insurance

After a death in Texas, three benefits are worth checking in the first weeks. Social Security pays a one-time $255 lump-sum death payment to an eligible surviving spouse or child, and monthly survivors benefits may follow; apply by phone, within 2 years for the lump sum. The VA pays a burial allowance for an eligible veteran, including after a cremation. If a life insurance policy cannot be found, the Texas Department of Insurance points families to the NAIC policy locator and the state's unclaimed property search. None of these come from the funeral provider.

Social Security's $255 lump-sum death payment

Social Security pays a one-time lump-sum death payment of $255. It is paid once and does not recur.

First priority goes to the surviving spouse who was living in the same household as the person who died at the time of death. A spouse who was not living in the household may still qualify if they can get benefits on the deceased's record.

If there is no eligible spouse, a child who was entitled to or eligible for benefits on the record in the month of death may receive the payment. When more than one child is eligible, they share it equally, and each child must apply.

If the eligible spouse or child is not already receiving benefits, they must apply within 2 years of the date of death.

Monthly survivors benefits: who may qualify

A surviving spouse age 60 or older, or age 50 to 59 with a disability, may qualify if the marriage lasted at least 9 months before the death and the spouse did not remarry before age 60, or before 50 with a disability.

A surviving spouse of any age may qualify while caring for the deceased's child who is under 16 or has a disability and receives child's benefits.

A surviving divorced spouse may qualify if the marriage lasted at least 10 years.

Unmarried children may qualify if they are 17 or younger, or 18 to 19 and attending K-12 school full time, or any age if they became disabled before 22 (in Social Security's words, "at age 21 or younger").

Dependent parents age 62 or older may qualify.

Reporting the death, and the payment that must go back

Social Security says funeral homes generally report a death to the agency. Confirm that the Social Security number of the person who died was given to the funeral provider so that report can be made.

A death cannot be reported online, and survivors benefits cannot be applied for online. Call Social Security at 1-800-772-1213 (TTY 1-800-325-0778), 8:00 a.m. to 7:00 p.m., Monday through Friday. A spouse who is already receiving spouse's benefits is converted to survivors benefits automatically, but should still call about the lump-sum payment.

Social Security benefits are not payable for the month of death. Any payment received for the month of death or a later month must be returned. Social Security's own example: if the person died in July, the payment received in August must go back. For direct deposit, ask the bank to return the payment. For a check, do not cash it.

Supplemental Security Income (SSI) works differently: the SSI payment for the month of death is payable, but payments for any later month must be returned.

The VA burial allowance after a veteran's cremation

In the VA's words, "We provide burial benefits for all legal burial types, including cremation and burial at sea."

For a non-service-connected death on or after October 1, 2026, the VA pays a $1,032 burial allowance and $1,032 for a plot. For a death on or after October 1, 2025 but before October 1, 2026, the amounts are $1,002 and $1,002. For a service-connected death on or after September 11, 2001, the VA pays up to $2,000.

The veteran must not have been dishonorably discharged, and one of these must be true: the veteran died while receiving VA pension or compensation; had a compensation or pension claim pending that would have been granted; was eligible for one of those but received military retirement or disability pay instead; died while getting care at a VA facility or at a facility under VA contract; or died while traveling at VA expense to or from care.

The person who files must be paying the burial and funeral costs and must not be reimbursed by another organization. Eligible filers include a surviving spouse, a surviving legal-union partner, a child, a parent, the executor or administrator of the estate, a family member or friend who is not the executor, or a representative of a funeral home or cemetery.

A surviving spouse listed on the veteran's VA profile does not need to file a claim; the VA pays the allowance automatically.

For a non-service-connected death, the claim must be filed within 2 years after the burial. There is no time limit if the veteran died under VA care, for the plot allowance, or for transportation costs. There is no time limit for a service-connected death.

You can file online at va.gov, or mail VA Form 21P-530EZ (revised October 2024) to the Pension Intake Center, PO Box 5365, Janesville, WI 53547-5365. Include the death certificate showing the cause of death, and an itemized receipt in the claimant's name for any transportation claim. A copy of the DD-214 is recommended.

The VA may also reimburse the cost of moving the remains if the veteran was hospitalized by VA or in a VA-contracted nursing home at the time of death, or died while traveling to VA-authorized care, and the cost of transport to a national cemetery.

For deaths on or after October 1, 2025, the VA may also pay up to $441 toward a headstone or marker.

Finding a life insurance policy you cannot locate

In the Texas Department of Insurance's words, "TDI has no way of knowing if a person had life insurance." TDI directs families to the NAIC Life Insurance Policy Locator Service at eapps.naic.org/life-policy-locator/.

TDI's search tips: look through bank statements and check registers for premium payments, check the relative's address book for agents' names, and ask former employers' benefits offices about group life coverage.

TDI also suggests searching the Texas Unclaimed Property website for benefits that were turned over to the state after three years. The Texas Comptroller runs that program; the search is at ClaimItTexas.gov, 800-321-2274.

TDI's guidance for avoiding scams: if your family believes a policy exists, your family makes the first call to the insurer. Keep every document and note who you spoke with. The TDI Help Line is 800-252-3439.

If you would like help gathering the paperwork described here, we are glad to help.

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