emina
Employee Tax Expert

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Hello! Happy to assist!

Sorry about your loss.

 

You are correct, your filing status for the year that the spouse died is Married filing jointly.

For 2023, your status will be single if you do not have any qualifying dependents. If you get married in 2023, then, of course, your status is married filing jointly. 

 

Here is the exact info from the IRS website :

What if a spouse died during the tax year? Remember, taxpayers whose spouses died during the tax year are considered married for the entire year, provided they did not remarry. The surviving spouse is eligible to file as Married Filing Jointly or Married Filing Separately. Surviving spouses who have remarried must file with the new spouse, either jointly or separately. The deceased spouse’s filing status becomes Married Filing Separately. Surviving spouses who have a dependent child may be able to use the Qualifying Widow(er) status in the two tax years following the year of the spouse’s death. 

 

Here is another helpful IRS link on the topic: https://www.irs.gov/newsroom/how-to-file-a-final-tax-return-for-someone-who-has-passed-away