Immediate priorities after a spouse dies
Losing a spouse is emotionally overwhelming and financially urgent. Start with a clear, calm checklist to preserve options and avoid costly mistakes.
- Notify the plan custodian or employer as soon as possible. They will explain beneficiary procedures and needed documents.
- Request multiple certified copies of the death certificate (plans typically require one or more).
- Collect account statements, beneficiary designation forms, the decedent’s will or trust, and recent tax returns.
- Pause any automatic withdrawals or transfers until you understand tax and penalty consequences.
In my practice advising surviving spouses, acting quickly to gather documents and contact custodians prevents missed deadlines and preserves tax‑advantaged options.
Key account types and typical options
Different retirement vehicles offer different choices. Below are the common account types and the usual actions a surviving spouse can take.
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Traditional IRA: A spouse can either (a) treat the IRA as their own (rollover) — making it their account for contribution and distribution rules — or (b) keep it as an inherited IRA (beneficiary IRA). Treating it as your own usually simplifies RMDs and contributes to your planning; leaving it as an inherited IRA can sometimes preserve younger spouse protections if you are not ready to take RMDs.
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Roth IRA: The tax treatment of Roths is favorable: qualified distributions are tax‑free. A spouse may roll a deceased spouse’s Roth into their own Roth IRA or keep it as an inherited Roth. If the Roth is older than five years, distributions are likely tax-free, but check the account’s five‑year clock for qualification.
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Employer plans (401(k), 403(b), 457): Surviving spouses often can roll plan assets into their own IRA or leave the funds in the plan as a beneficiary. Rules vary by plan; some allow rollovers to a spouse’s employer plan if the employer permits. For defined‑benefit pensions, survivor annuity elections and spousal consent rules apply.
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Pension and annuity survivor options: Pensions usually include survivor benefit elections (e.g., a reduced monthly benefit for a lifetime survivor). If your spouse’s pension provided a Qualified Joint and Survivor Annuity (QJSA), you may already be the default beneficiary; check plan documents and deadlines for elections.
Spousal rollover vs inherited account: pros and cons
- Treating the account as your own (rollover):
- Pros: You can use your own RMD age and rules, make contributions if eligible (IRAs), and keep the tax deferral intact.
- Cons: If you are younger and plan to delay distributions, you may lose certain inherited‑spouse timing options.
- Keeping the account as an inherited (beneficiary) account:
- Pros: Offers flexibility for tax planning in some cases and can allow distributions without changing account title.
- Cons: You must follow beneficiary distribution rules; employer plans or inherited IRAs may have time limits imposed by the SECURE Act for non‑spouse beneficiaries (generally a 10‑year rule for many non‑spouse beneficiaries). Spouses have more flexibility than non‑spouse beneficiaries but must choose carefully.
Always confirm the best choice with your tax advisor; the optimal move depends on ages, income needs, and tax outlook.
Taxes, RMDs and timing considerations
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Required Minimum Distributions (RMDs): RMD rules changed under the SECURE Act frameworks. Whether RMDs apply and how they are calculated depends on whether you treat the account as your own and the decedent’s age and the date of death. See the IRS guidance on RMDs for the most current rules (irs.gov).
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Income taxes on withdrawals: Traditional IRA and 401(k) withdrawals are generally included in taxable income. Roth distributions can be tax‑free if the account satisfies the qualified distribution rules.
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60‑day rollover rule: If the plan makes a distribution to you and you want to move it into an IRA, the general rollover deadline is 60 days. To avoid this timing trap, request a direct trustee‑to‑trustee transfer from the plan custodian.
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Withholding: If you take a distribution, the plan may withhold taxes automatically. Ask about withholding options and estimate taxes before taking a lump sum.
Authoritative sources: See IRS publications on beneficiary rollovers, taxation of retirement distributions, and RMDs for exact rules and examples (IRS.gov).
Practical step‑by‑step checklist
- Gather documents: certified death certificate, account numbers, beneficiary forms, marriage certificate, and the decedent’s Social Security number.
- Contact custodians: call each custodian (IRA custodian, brokerage, employer plan administrator) and ask for their beneficiary claim packet.
- Request beneficiary designation copies: confirm who is shown on the form; beneficiary forms supersede wills for most retirement accounts.
- Decide whether to roll over or keep inherited status: discuss tax and cash‑flow impacts with a tax pro.
- Update your own beneficiary designations and estate plan after decisions are made.
- Consider timing of distributions: use tax brackets and expected income to plan withdrawals across years.
- Keep records: document correspondence, forms submitted, and decisions for tax and estate purposes.
Common mistakes I see and how to avoid them
- Withdrawing funds immediately because of emotion or perceived need. Solution: pause and run the tax cost of a lump sum before deciding.
- Failing to confirm beneficiary designations. Solution: get a copy of the custodian’s beneficiary form; beneficiary designations typically govern over wills.
- Missing small-plan deadlines (for survivor annuity elections or plan acceptance). Solution: read plan notices carefully and ask custodians about time limits.
- Not coordinating Social Security survivor benefits with retirement distributions. Solution: review SSA rules and coordinate timing with a planner to avoid unnecessary tax spikes.
How Social Security survivor benefits interact with retirement accounts
Survivor Social Security can be a significant income source. Decisions about when to claim survivor benefits can affect your taxable income and withdraw strategy from retirement accounts. For example, delaying Social Security might reduce the need to take taxable withdrawals early; conversely, taking benefits early may increase your current taxable income and affect Medicare premiums (IRMAA).
For details on survivor benefits, see the Social Security Administration guidance (ssa.gov).
Special situations
- If you are not the named beneficiary: If the account names someone else or the estate, assets may pass through probate. Contact an estate attorney promptly.
- If the deceased had outstanding loans from a 401(k): Loan rules depend on the plan. The outstanding balance may accelerate or be repaid; check the plan’s terms.
- If you are remarried or part of a blended family: Update beneficiary designations and consult an estate attorney to align accounts with long‑term wishes.
When to get professional help
Seek professional help if any of these apply:
- Large account balances and complex tax consequences.
- Pension survivor elections or multiple employer plans.
- Estate or trust named as beneficiary.
- Unclear beneficiary designations or potential creditor claims.
I often recommend a joint meeting with a CPA and fiduciary financial planner to run distribution scenarios and tax projections. That cross‑discipline review reduces the chance of a costly misstep.
Resources and further reading
- IRS — Retirement Plan and IRA Required Minimum Distributions (RMDs): https://www.irs.gov/ (search site for latest RMD guidance).
- Social Security Administration — Survivor Benefits: https://www.ssa.gov/ (search for survivor benefits).
For deeper context on account types and rolling options, see our related glossary pages:
- Retirement Account Types Explained: IRAs, 401(k)s, and More — https://finhelp.io/glossary/retirement-account-types-explained-iras-401ks-and-more/
- Strategies for Managing Multiple IRAs — https://finhelp.io/glossary/strategies-for-managing-multiple-iras/
- Qualified Charitable Distributions: A Guide for IRA Owners — https://finhelp.io/glossary/qualified-charitable-distributions-a-guide-for-ira-owners/
Final thoughts and disclaimer
Managing retirement accounts after the death of a spouse is both technical and personal. There is rarely a one‑size‑fits‑all answer. Take time to collect documents, resist hasty withdrawals, and use a combination of tax and estate planning advice to protect income and minimize tax costs.
This article is educational and does not replace personalized financial, tax, or legal advice. Consult a qualified CPA or fiduciary financial planner to make choices that fit your circumstances.