How to File Taxes If Your Partner Passed Away

The passing of one’s spouse has a lot of financial implications. In the short term, you’re left dealing with the estate and the expenses of the funeral — then the issues of life insurance, going through their possessions and dealing with assets arise.

Then, as the calendar year turns, there’s another challenge: taxes. How does the passing of a spouse affect income taxes? Does it change your filing status? What financial matters need to be accounted for on tax returns?

These are difficult questions, and your best approach, if you feel uncertain, is to consult a tax attorney, accountant, or tax preparer or to trust a robust tax preparation software package.

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Let’s walk through what you need to think about in terms of taxes if your spouse passed away in the past year.

[Read More: Six Common Tax Misunderstandings and How to Survive Them]

In this article

    Filing taxes as a widow or widower

    Assuming that you do not remarry during the same year of your deceased partner’s death, you can still file your income taxes for that year as married filing jointly or married filing separately, as noted by the IRS. This gives you a much larger standard tax deduction and tax brackets. Likely, the combination of lower overall household income while still using the larger brackets of filing income taxes with a married filing jointly status will result in a notable income tax refund or at least a smaller income tax bill.

    What about life insurance? The IRS considers life insurance proceeds you receive as a beneficiary due to the death of the insured aren’t calculated in gross income, so you don’t have to report them on your taxes or pay income taxes on them. However, if any interest was accrued on those benefits, you do have to pay taxes on the interest.

    For the next two years following this, you may be eligible to file as a qualifying widow(er) with a dependent child. You must have at least one dependent child and have not remarried during that time, but it allows you to continue receiving the same tax rates and a larger standard deduction of a married couple filing jointly.

    How to file taxes for a deceased person

    As noted above, for most couples, you will have a filing status this year just the same as you did last year. If you filed your taxes together last spring, you’ll do so again this spring, with just a few changes. As always, if you feel unsure, contact a tax professional for assistance.

    Estate taxes

    All property left to a surviving spouse passes free of estate taxes, as made clear by the IRS in their estate tax documentation. You will not owe estate taxes on anything left to you by your spouse. There are some exceptions if you are not a citizen, in which case you should consult an estate lawyer to help piece through the details.

    [ More: 6 Things to Do If Your Partner Passes Away ]

    Inherited retirement accounts

    If a surviving spouse inherits a retirement account from a deceased spouse, they can elect to treat it as their own account going forward, according to the IRS. However, the pre-tax or post-tax status of the accounts remain. If the account was funded with pre-tax income originally, such as a traditional 401(k), the surviving spouse will have to pay normal income taxes on the account whenever they choose to withdraw that money in retirement. You can also choose to roll the account over into your own account. Contacting a certified public accountant may be a good choice in these situations.

    Taxes a deceased person might owe

    A deceased person might owe taxes to the IRS in several situations:

    • The deceased earned income during that year. Taxes on that income will be owed by the estate, usually directly by the surviving spouse. This is why survivors are allowed to file taxes for the full year as married filing jointly or married filing separately.
    • The deceased owed money to the IRS from previous years of not filing taxes and did not pay that debt in full before passing.
    • The deceased did not file taxes correctly in the past, which is discovered by a later audit.

    Who pays the taxes a deceased person owes?

    In these situations, if there is an outstanding tax bill, the executor of your deceased partner’s estate is responsible for ensuring that the money remaining in the estate pays for these tax bills. If the estate has already been split up among heirs, however, and you are identified as being the owner of community property shared with your spouse upon their passing, you may be obligated to pay. As always, a tax lawyer is useful in these situations.

    We welcome your feedback on this article. Contact us at inquiries@thesimpledollar.com with comments or questions.

    Trent Hamm

    Founder & Columnist

    Trent Hamm founded The Simple Dollar in 2006 and still writes a daily column on personal finance. He’s the author of three books published by Simon & Schuster and Financial Times Press, has contributed to Business Insider, US News & World Report, Yahoo Finance, and Lifehacker, and his financial advice has been featured in The New York Times, TIME, Forbes, The Guardian, and elsewhere.

    Reviewed by

    • Courtney Mihocik
      Courtney Mihocik
      Loans Editor

      Courtney Mihocik is an editor at The Simple Dollar who specializes in personal loans, student loans, auto loans, and debt consolidation loans. She is a former writer and contributing editor to Interest.com, PersonalLoans.org, and elsewhere.