Medicaid Estate Recovery
How states recover Medicaid long-term care costs from a deceased recipient's estate
Administered by
Each state's Medicaid agency or estate recovery unit
Select a state for its administering office, key facts, and steps.
National resources
Medicaid Estate Recovery
Visit website →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.
Medicaid estate recovery in your state
Each state administers its own program. Select a state for its administering office, key facts, and the steps that apply there.
Handling Medicaid estate recovery after a death
The state's claim is addressed during estate settlement, before assets are distributed.
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.
Timeline: During estate administration (state claim windows vary)
- •Recovery is deferred while a surviving spouse is alive
- •Recovery is deferred while there is a surviving child under 21, or a child of any age who is blind or has a disability
- •Many states defer or waive recovery for an undue-hardship case (for example, an heir's primary residence or income-producing asset)
Required Documents
- Death certificate
- Letters testamentary or letters of administration
- The deceased's Medicaid identification or case number, if known
- An inventory of estate assets
Timeline
Resolved during estate administration
Frequently asked questions
The executor or administrator of the estate handles the claim. The state Medicaid agency files a claim against the estate, and the claim is treated as a debt of the estate that is addressed before assets are distributed to heirs.
Federal law defers recovery 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 also provide an undue-hardship waiver process. The specific exemptions and how to request a waiver are set by each state.
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 requires states to recover for long-term care and related services provided to recipients age 55 or older, and for anyone who was permanently institutionalized.
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.
Sources
Data sourced from Medicaid Estate Recovery primary sources (3 pages reviewed). How we research.
Administered by
Each state's Medicaid agency or estate recovery unit
Select a state for its administering office, key facts, and steps.
National resources
Medicaid Estate Recovery
Visit website →