Can my child or I claim the $255 Social Security death benefit without my ex-husband's death certificate?
My ex-husband passed away in December 2023, and I just found out about the $255 lump-sum death payment from Social Security. I'm wondering if either me or one of our children would be eligible to receive this payment? We were married for 12 years but divorced 6 years ago. I have custody of our two children (16 and 14). Also, I don't have access to his death certificate - would SSA require us to provide it to claim this benefit? Has anyone gone through this process recently? The SSA website is confusing me.
20 comments


Yuki Ito
The $255 death benefit can only be paid to a surviving spouse living with the deceased at the time of death OR to a spouse or child eligible for survivor benefits on the deceased's record. Since you're divorced, you wouldn't qualify unless you remarried him. However, since your children are his, they might qualify if they're eligible for survivor benefits on his record. As for the death certificate, yes, SSA will typically want to see it. They sometimes can verify death information through their systems, but having the death certificate speeds up the process considerably.
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Ethan Taylor
•Thank you for explaining. Do you know if both children could receive the payment, or is it just one payment total? And would I need to apply on their behalf since they're minors?
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Carmen Lopez
my aunt went through this last yr, its just ONE payment of $255 total not per person. Her kids got it after her ex died. She did need the death certificate tho.
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Ethan Taylor
•Thanks for sharing your aunt's experience. I'll have to figure out how to get a copy of his death certificate then. Did your aunt have to go into the office or could she apply over the phone?
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Andre Dupont
To clarify some confusion - the $255 death benefit is a ONE-TIME payment, not per person. It goes to either the eligible surviving spouse OR if there isn't one, to eligible children. Since you're divorced and weren't living with him, your children would be the ones eligible IF they qualify for survivor benefits on his record (which they likely do as minor children). You'll definitely need to contact SSA directly to apply - this benefit isn't automatic. You'll need to apply within 2 years of the death. And yes, you'll need to provide the death certificate. If you don't have it, you can obtain one from the vital records office in the county/state where he died.
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Ethan Taylor
•Thank you for the detailed explanation! I've been trying to call SSA for days but can't get through. Do I need to keep calling or is there a better way to reach them about this?
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QuantumQuasar
when my dad died last year we didn't get ANYTHING! i dont think this $255 is even worth the hassle tbh... barely covers gas money to the SSA office and back lol
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Zoe Papanikolaou
•Every penny counts for some families. It may not seem like much to you, but $255 could be important for others, especially when dealing with the costs that come with someone's passing.
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Jamal Wilson
I had to deal with this exact situation last summer. The frustrating part was getting through to SSA on the phone - I spent DAYS trying. I finally discovered a service called Claimyr (claimyr.com) that got me connected to an SSA agent within 15 minutes instead of waiting on hold for hours. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU Regarding your actual question - since your children are under 18 and your ex's biological kids, they should be eligible for the lump sum death payment. But ONLY one child will receive it (they don't split it), and yes, you'll need the death certificate. If you don't have it, contact the vital records office where he passed away. You can request it as the parent of his minor children.
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Ethan Taylor
•Thank you so much for the tip about Claimyr! I've been trying to get through to SSA for days with no luck. I'll check out that service. And thanks for confirming about the death certificate - I'll contact the county office tomorrow.
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Mei Lin
I used to work at an SSA field office, and here's what you need to know: 1) The $255 death benefit isn't paid to ex-spouses 2) It can go to the children if they're eligible for benefits on the deceased's record 3) Only ONE payment is made, even if multiple children are eligible (SSA will determine which child receives it) 4) You DEFINITELY need the death certificate 5) You must file within 2 years of death Also, you should look into survivor benefits for your children - they may be eligible for monthly payments until age 18 (or 19 if still in high school). This would be MUCH more significant than the one-time $255 payment.
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Ethan Taylor
•Thank you for mentioning the monthly survivor benefits! I had no idea my children might qualify for that. Do you know if that's based on my ex's income/work history? He worked consistently except for the last year before he passed.
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Mei Lin
Yes, survivor benefits for your children would be based on your ex-husband's work history. As long as he worked enough to be "fully insured" (generally 10 years, but can be less depending on age), your children could receive about 75% of his full retirement benefit EACH MONTH until they turn 18 (or 19 if still in high school). This could be hundreds of dollars per month per child - MUCH more significant than the one-time $255 payment. You should definitely apply for this as soon as possible since benefits can be limited to 6 months retroactive.
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Ethan Taylor
•Wow, I had no idea! He worked consistently for over 20 years, so it sounds like they'd qualify. I'm definitely going to look into this right away. Thank you so much for this information - it could make a huge difference for my kids.
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QuantumQuasar
my neighbor got these survivor benefits for her kids and said it was like $1200 a month for each kid!!! definitely worth applying for!!
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Andre Dupont
•The amount varies based on the deceased's earnings record, but yes, survivor benefits for children can be substantial. The maximum family benefit has limits though, so it wouldn't necessarily be the full amount per child if there are multiple beneficiaries. Still absolutely worth applying for!
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Carmen Lopez
dont forget u might need to be the representative payee for ur kids since their minors. thats another form to fill out. SSA makes everything so complicated!!!!
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Zoe Papanikolaou
I'm sorry about your ex-husband's passing. When my brother died, we learned that Social Security won't automatically pay these benefits - you MUST apply. And the 2-year deadline is strict. I'd recommend calling your local SSA office directly rather than the national number - sometimes it's easier to get through. Also, bring your children's birth certificates and Social Security cards when you go in, along with your ID and his death certificate.
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Ethan Taylor
•Thank you for the condolences and advice. I'll try calling our local office tomorrow. Would you recommend making an appointment or just walking in? I'll gather all those documents right away.
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Zoe Papanikolaou
Definitely make an appointment if possible - the walk-in wait times can be terrible. Some offices are still requiring appointments anyway. Check the SSA website for your local office's phone number. And remember to ask about survivor benefits for your children when you go in - that's the really important part that could help financially for years to come.
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