The legislation that authorized the second stimulus payment to eligible recipients says that only recipients who died in 2019 or earlier must return the payments. But, the legislation that authorized the third round of stimulus payments says that those who died in 2020 aren't qualified to get a stimulus check.

Do I get a second stimulus check for my deceased spouse?

If the spouse died after the filing, you can keep it,” added Garcia. A spouse who received a check in both names can keep the money, but must return it to the IRS and include a letter requesting a new stimulus payment be reissued in the surviving spouse's name only.

What happens if a deceased receives a stimulus check 2021?

The IRS says that a stimulus payment made to someone who died before receiving it should be returned to the government. The entire payment should be returned, unless it was made payable to joint filers and one spouse is still alive.