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This designation can be used in the two years after your spouse passes, but not in the actual year they passed, as long as you meet the following requirements. You are entitled to file a joint return for the year your spouse died, even if you didn't actually file a return.
Unless you qualify for something else, you'll usually file as single in the year after your spouse dies. You might not qualify as a qualifying widow(er) if your child is a foster child. In that case, you'll likely be able to use head of household status.
Advantages of Qualifying Widow/Widower The reduced tax burden makes it easier for a surviving spouse to continue to provide for their children, and to transition to a single, unmarried filer, or head of household status.
Your options for your tax filing status if your spouse dies will change depending on how long ago they passed away. For example, you can generally use married filing jointly in the year your spouse passes. Then in the next two years, you can file as a qualifying widow(er) if you meet certain requirements.
Here is what you should do within about 10 days after your spouse dies: Locate their will. ... Get at least 10 copies of the death certificate. ... Consult an estate attorney. ... Contact the executor of your spouse's estate. ... Contact your certified public accountant (CPA).