The survivor's pension is paid by the INSS to the dependents of someone who died while insured, whether retired or still working. It does not require a minimum number of contributions (art. 26, I, of Law 8.213/1991), but the deceased must have kept insured status on the date of death or already been entitled to a retirement benefit.
Who the dependents are
The law divides dependents into three classes (art. 16 of Law 8.213/1991), and the existence of someone in one class excludes the following ones:
- 1st class: spouse, partner and children under 21, disabled or with a serious intellectual or mental disability
- 2nd class: parents
- 3rd class: siblings under 21, disabled or with a serious intellectual or mental disability
In the first class, economic dependence is presumed. Parents and siblings must prove it.
A stable union requires documentary proof
Those who lived in a stable union must present initial material evidence from the time, produced within the 24 months before the death, such as proof of a shared address, a joint account, or a health plan or insurance naming the partner as a dependent. The law does not accept witness testimony alone, except in cases of force majeure or unforeseeable circumstances (art. 16, § 5). Gathering these documents early avoids the most common denial in these claims.
How the amount is calculated
Since the 2019 reform, the pension equals a family share of 50% of the retirement the insured person received, or would have received if retired for permanent disability, plus 10 percentage points per dependent, up to 100% (art. 23 of Constitutional Amendment 103/2019). A widow with no other dependents, for example, receives 60%. If there is a disabled dependent or one with a serious intellectual or mental disability, the pension is 100% up to the INSS ceiling.
Individual shares do not pass to the others when a dependent loses that status, unless five or more remain. Those who combine a pension with retirement receive the more favorable benefit in full and part of the other, calculated by brackets (art. 24 of Constitutional Amendment 103/2019).
How long the spouse receives it
If the deceased had fewer than 18 contributions or the marriage or union lasted less than 2 years, the spouse's pension lasts 4 months. Once these requirements are met, the duration depends on the spouse's age on the date of death. For deaths from 2021 onward, under Ordinance ME 424/2020:
- Under 22: 3 years
- 22 to 27: 6 years
- 28 to 30: 10 years
- 31 to 41: 15 years
- 42 to 44: 20 years
- 45 or older: for life
Children receive it until age 21, except in cases of disability.
Deadline to apply
To receive it from the date of death, the application must be filed within 90 days. For children under 16, the deadline is 180 days. After that, payment only starts on the application date (art. 74 of Law 8.213/1991). The application is made through Meu INSS or by calling 135.
When the pension is denied
The most common denials involve loss of insured status, lack of proof of a stable union and employment not showing in the CNIS. In many of these cases, the right can be proven with documents or in court. See what to do when the INSS denies a benefit.
SPD Advocacia handles survivor's pension applications and appeals throughout Brazil, online. Learn about our social security law practice or talk to the team on WhatsApp.
Informational content, updated in September 2026. Each case requires individual analysis.