© 2026 SimplyTrust Software Inc.
Death notification procedures and required documents
Medicaid Estate Recovery
Medicaid estate recovery is the process by which a state recovers what it paid for certain Medicaid benefits from the estate of a deceased recipient. Federal law (42 U.S.C. 1396p(b)) requires every state to recover for long-term care and related services provided to people age 55 or older, and for anyone who was permanently institutionalized. Recovery is made after death against the deceased recipient's estate, so it is a claim the executor or administrator handles during estate settlement. The scope of recoverable assets, available exemptions, and the administering agency are set by each state.
A state Medicaid agency files its claim against the estate after the recipient dies. The executor or administrator identifies whether the deceased received Medicaid long-term care, notifies the state Medicaid or estate recovery unit as required during probate, and addresses the claim before distributing assets to heirs. Recovery is deferred by federal law while a surviving spouse is living, or while there is a surviving child under 21 or a child of any age who is blind or has a disability. States provide a process to request a hardship waiver.
Deadline: During estate administration (state claim windows vary)
When someone dies
5-step process, 4 required documents, and resolved during estate administration.
View details →Yes. Federal law at 42 U.S.C. 1396p(b) requires every state to operate a Medicaid estate recovery program. States decide which assets are recoverable beyond the probate estate, what exemptions apply, and which agency administers the program.
At a minimum, states recover for nursing facility services, home and community-based services, and related hospital and prescription drug services provided to a recipient age 55 or older. Some states recover for all Medicaid benefits paid on behalf of those recipients.
Medicaid Estate Recovery