The Short Answer

Yes—you generally should notify the Social Security Administration (SSA) after a spouse passes away, because benefits may need to be stopped, adjusted, or converted to survivor benefits. At the same time, you should also evaluate your rights under Pennsylvania probate law, because decisions made early (and missed deadlines) can affect what you ultimately receive from the estate.

What Pennsylvania Law Says

While SSA reporting is a federal issue, a spouse’s death often triggers important Pennsylvania estate rights for the surviving spouse—especially if there is a will, significant assets, or potential disagreements among family members. Pennsylvania law gives surviving spouses specific protections, but some rights must be asserted on time and in the proper forum (typically the Orphans’ Court).

The Statute

The primary law governing a key surviving-spouse decision point is 20 Pa.C.S. § 2210.

This statute establishes that a surviving spouse’s election regarding the elective share must be made in writing and filed with the clerk of the Orphans’ Court Division, and it imposes a strict deadline—generally within six months after death or six months after probate (whichever is later)—or the right can be waived.

Why You Should Speak with an Attorney

Even if you promptly contact SSA, your financial outcome after a spouse’s death often depends on how Pennsylvania estate rights are handled. While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: Pennsylvania’s spousal election has a hard time limit under 20 Pa.C.S. § 2210; missing it can be treated as a waiver.
• Burden of Proof: If there are disputes about what assets are in the estate versus passing outside probate (joint accounts, beneficiary designations, etc.), documentation and valuation issues can drive the result.
• Exceptions: Whether probate is required, whether an election is advisable, and how distributions should be structured can change depending on the will, the type of assets, and whether there are conflicts among heirs or creditors.

Trying to handle this alone can lead to costly missteps—especially where an estate is being probated, benefits are changing, or family members disagree about property or distributions.

Get Connected with a Pennsylvania Attorney

Do not leave your legal outcome to chance. We can connect you with a pre-screened Probate attorney in Pennsylvania to discuss your specific facts and options.

Find a Pennsylvania Attorney Now

Disclaimer: This article provides general information under Pennsylvania 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.