If a Social Security beneficiary dies before payment is made, can payment be collected by the estate or next of kin?

An underpayment due on behalf of a deceased beneficiary is payable to the next of kin or to the legal representative of the estate under the following order of priority established by law:

1. A spouse who was living with the beneficiary when he or she died or a spouse entitled on the same earnings record, 2. A child entitled on the same earnings record,
3. A parent entitled on the same earnings record,
4. A spouse not entitled on the same earnings record,
5. A child not entitled on the same earnings record,
6. A parent not entitled on the same earnings record, or
7. A legal representative of the estate.

An underpayment must be paid in this order. If no one qualifies in the first category, then Social Security proceeds to the second category, and so on. In order for a payment to be due, the deceased beneficiary must have lived throughout the entire month for which the check was issued.

To claim the underpayment, you will need to file Form SSA-1724  at your local office. Your can also call 1-800-772-1213 for instructions.  People who are deaf or hard of hearing may call the Social Security Administration’s toll-free TTY number, 1-800-325-0778, between 7 a.m. and 7 p.m. on Monday through Friday.