Joint filing after Spouse passed Away

Forum|Forum|3 years ago
November 16, 2022
3 replies
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I understand that I can file jointly with my spouse for the tax year she passed away (2022).

I am hearing that I can also file jointly in 2023 under some new rules. Is that correct?

Best answer by shirleyh88

Hello joealdrich,

Thank you for your question. I am happy to assist you.

I am sorry to hear about your spouse’s passing. Please accept my condolences.

Since you have filed jointly with your spouse and she passed away in 2022, you may file your 2022 tax return using the “Married Filing Joint” filing status in 2023, unless you remarry in 2022. Filing a joint return allows you to still be able to claim the full standard deduction, as well as using any applicable joint-return rates.

For the following two (2) years (2024 and 2025), as the surviving spouse you can file as a Qualifying Widower if you meet the following requirements:

You qualified for married filing jointly with your spouse in the year she died.
You did not remarry in the year your spouse died.
You have a child, stepchild, or adopted child whom you claim as a dependent on your tax return.
You paid for more than half of the cost of maintaining your home which must be the main home where your dependent child lives for the whole year, excluding temporary absences.

Please click on the following link for reference:

https://turbotax.intuit.com/tax-tips/family/death-in-the-family/L5albFXM4#

Please let me know if this answers your questions, or if I can be of further assistance.

Thank you!

Shirleyh88

JandKit

Level 6

Hi Joaldrich,

Thank you for the question. If your spouse dies and you have a dependent in the home and remain married for the remainder of the year, you can file as a Qualifying Widow for the next two years if there is a dependent in the home

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shirleyh88Answer

Level 5

Hello joealdrich,

Thank you for your question. I am happy to assist you.

I am sorry to hear about your spouse’s passing. Please accept my condolences.

For the following two (2) years (2024 and 2025), as the surviving spouse you can file as a Qualifying Widower if you meet the following requirements:

You qualified for married filing jointly with your spouse in the year she died.
You did not remarry in the year your spouse died.
You have a child, stepchild, or adopted child whom you claim as a dependent on your tax return.
You paid for more than half of the cost of maintaining your home which must be the main home where your dependent child lives for the whole year, excluding temporary absences.

Please click on the following link for reference:

https://turbotax.intuit.com/tax-tips/family/death-in-the-family/L5albFXM4#

Please let me know if this answers your questions, or if I can be of further assistance.

Thank you!

Shirleyh88

**Say "Thanks" by clicking the thumb icon in a post. **Mark the post that answers your question by clicking on "Mark as Best Answer"

scayode

Level 2

My spouse passed away November 2023

VolvoGirl

Level 15

@scayode Sorry for your loss. I lost my husband in 2023 too.
You can file a Joint return as normal the year your spouse died. For the next two years following a husband's or wife's death, the surviving spouse can file as a qualifying widow or widower if they have a qualifying child. That basically lets you continue to use the same tax brackets that apply to married-filing-jointly returns. After the year of death if you don't have a child you file as Single. To file Single you have to start over with a new return and new account. And don't transfer from the Joint return.

See How to file if your spouse recently died
https://ttlc.intuit.com/turbotax-support/en-us/help-article/small-business-processes/file-return-spouse-recently-died/L5ehM358X_US_en_US?uid=lcuxmxwq