The Short Answer

Yes—most families should make sure the Social Security Administration (SSA) is notified after a spouse’s death, especially if Social Security benefits were being paid or may be available to a surviving spouse. But the “right” next step often depends on how your spouse’s benefits were being received and how your spouse’s other assets are handled under Florida probate law.

What Florida Law Says

While SSA reporting is governed by federal rules, Florida probate law often determines who has legal authority to act for the deceased person’s affairs (and what assets can be accessed without a court case). In many situations, you must confirm whether you have authority as a surviving spouse, beneficiary, or (if needed) a court-appointed personal representative before dealing with accounts and benefits tied to the decedent.

The Statute

The primary law governing this issue is Fla. Stat. § 735.303.

This statute establishes that, in limited circumstances, a financial institution may pay certain small, qualifying bank account funds (up to $1,000 in the aggregate at that institution) to a defined “family member” without a probate court proceeding, but only after specific conditions are met.

Why You Should Speak with an Attorney

Even when the general idea is “notify SSA,” the real risk is what happens next—benefit payments, bank deposits, and estate authority can overlap quickly. Legal outcomes often depend on:

• Strict Deadlines: Florida law allows certain small-account payments only after a waiting period (for example, a bank generally may not pay under this small-account statute earlier than 6 months after death). See Fla. Stat. § 735.303(2).
• Burden of Proof: Accessing funds without probate can require a certified death certificate and a sworn affidavit with specific statements—errors can create personal liability or disputes among family members. See Fla. Stat. § 735.303(3).
• Exceptions: The small-account rule is narrow (it applies only to certain accounts, only up to $1,000, and only if no probate or summary administration has started). If your spouse had other assets, debts, or beneficiary designations, the correct approach may be different and may require probate administration. See Fla. Stat. § 735.303(3)(d).

Trying to handle this alone can lead to benefit overpayments, frozen accounts, or actions taken without proper authority—problems that can delay the estate and increase costs.

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.