Define: Eligible Survivor

An eligible survivor refers to an individual who is entitled to receive certain benefits or entitlements as a result of their relationship to a deceased person, typically under a specific legal or regulatory framework. Eligible survivors may include spouses, children, dependents, or other designated beneficiaries who are entitled to inherit property, receive financial support, or obtain other benefits upon the death of the deceased person. The rights and entitlements of eligible survivors are often governed by laws, regulations, or contractual agreements, which may vary depending on the jurisdiction and the specific circumstances of the case. These provisions aim to ensure that eligible survivors are provided for and protected following the death of a loved one.

The eligible survivor can be both a lawful spouse who is eligible for benefits or a dependent child. The conditions to be an eligible survivor depend on the benefits awarded. The term is most frequently used to describe the survivor who is eligible to receive Social Security Administration (SSA) benefits.

According to the SSA, to be an eligible survivor for SSA benefits you must be an unmarried widow or widower or surviving divorced spouse. If you have reached your full retirement age you may receive full benefits or reduced benefits as early as age 60. A disabled or an unmarried widow or widower or surviving divorced spouse who is age 50 or greater may also receive survivor benefits. You can also receive benefits if you are an unmarried widow or widower or surviving divorced spouse of any age if you are taking care of the deceased worker’s child who is under age 16 or disabled and receiving Social Security benefits.

Children who are not married and who are under the age of 18 or who are unmarried and are 18 or 19 years old and attending high school are also considered an eligible survivor. Under certain circumstances, Social Security can pay benefits to stepchildren, grandchildren, or adopted children. Unmarried disabled adult children can receive benefits if they became disabled before age 22, and dependent parents age 62 or older can receive benefits.

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 29th March 2024.