Tax Implications of a Spouse’s Death
Losing a spouse is an emotionally distressing time, and not surprisingly, the tax implications of a spouse’s death may not be a priority for a surviving spouse. However, failure to take appropriate steps can lead to a survivor paying more in tax than necessary. Here is an overview of some things the survivor may need to do.
Determine filing status
Selecting an appropriate tax filing status after a spouse’s passing can help manage tax liability. For the year of death, survivors can typically use the married filing jointly status, which may lower tax rates and provide an opportunity to claim more deductions. If the survivor has a dependent child, has not remarried, and meets other requirements, the survivor can use the qualifying surviving spouse status for the following two years. This allows the spouse to maintain favorable joint tax rates while claiming the highest standard deductions to prevent a “widow’s penalty,” which is a tax increase caused by a sudden shift to a single filing status with reduced options for tax breaks. Choosing the right status may also help qualify the survivor for tax credits and determine if a return is even required.
Reevaluate income
The loss of a spouse will probably impact household income. Some income sources may stop, such as employment income, while other sources may start, such as survivor benefits from Social Security or a pension. To help mitigate the “widow’s
penalty” and potentially higher taxes, a survivor should evaluate their withholding, estimated payments, and the timing of income and deductions. Adjustments may help prevent unexpected liabilities, manage spending, and minimize taxes through investment restructuring or retirement account planning.
Consider step-up in basis
When a spouse dies, certain inherited assets, such as real estate or stocks, are generally subject to a step-up in basis, which is a tax provision that adjusts the cost basis of an inherited asset to the asset’s fair market value at the time of death. By “stepping up” the asset’s value, capital gain accumulated during the spouse’s lifetime is reduced or even eliminated for the surviving spouse.
For jointly owned property, whether there is a full step-up in basis or a partial step-up in basis depends on the specific ownership type of the property and state law. A tax professional can help with your specific circumstances.
Review retirement accounts
A deceased spouse may have various retirement accounts, such as an IRA, Roth IRA, or 401(k). Unlike real estate and stocks, retirement accounts do not receive a step-up in basis. Instead, their tax treatment generally depends on the type of account, its holdings, and any named beneficiary(ies). A surviving spouse who is named as the sole beneficiary generally has more tax-favorable options than others.*
Plan for gift and estate taxes
Although the federal gift and estate tax may not apply to most estates, surviving spouses with estates exceeding the federal $15 million gift and estate tax exclusion for 2026 should consider consulting a tax or estate planning professional to help manage tax liability. If an estate is less than the exclusion, a survivor may file an estate tax return to elect portability, allowing the spouse to use the deceased spouse’s unused exclusion, potentially reducing taxes.
All investing involves risk, including the possible loss of principal, and there
is no guarantee that any investment strategy will be successful.
Rebalancing involves selling some investments in order to buy others.
Selling investments in a taxable account could result in a tax liability.
*The rules governing inherited retirement account assets are complex, and
mistakes can be costly. Distributions prior to age 59½ are generally
subject to a 10% penalty in addition to ordinary income tax, unless an
exception applies. It may be wise to consult a tax professional before
making any decisions.
