Medicaid Estate Recovery in Alabama
Alabama recovers all approved Medicaid medical assistance — not only long-term care — from the estates of recipients who were 55 or older when they received it, and from recipients who were permanently institutionalized at any age.
OverviewWhen someone dies
Medicaid Recovery
Alabama
medicaid.alabama.gov/content/7.0_Providers/7.1_Third_Party/7.1.1_Estate_Recovery.aspx→Administering agency
Alabama Medicaid Agency — Estate Recovery
Phone(334) 242-5727
WebsiteVisit website →
Authority
Ala. Admin. Code r. 560-X-33-.05; Code of Ala. 1975, §§ 22-1-11, 22-6-8
Verified Jul 2026
Medicaid Estate Recovery in Alabama: key facts
- Recovery scope
- All approved Medicaid medical assistance except Medicare cost-sharing (42 U.S.C. 1396a(a)(10)(E)).
- Who is subject
- Recipients age 55 or older when assistance was received; recipients permanently institutionalized at any age.
- Recovery deferred
- While a surviving spouse is living, or while there is a surviving child under 21 or a blind or permanently and totally disabled child.
- Hardship waiver
- Available for an income-limited family farm or business that is the sole income-producing asset of heirs. Not available where long-term care insurance applied or assets were illegally divested to avoid recovery. Each heir must apply separately.
- Hardship waiver deadline
- A waiver application must be requested within 30 days of receiving the Agency's notice against the estate, or upon the sale, transfer, or conveyance of real property subject to a TEFRA lien.
- Probate notice required
- Alabama law (Act 2019-489) requires the personal representative — or the person filing a small estate case — to give notice of the estate to the Alabama Medicaid Agency. The Estate Notice Office processes valid notices within 30 days: (334) 242-4097 or (334) 242-4098.
Governing law: Ala. Admin. Code r. 560-X-33-.05; Code of Ala. 1975, §§ 22-1-11, 22-6-8
Frequently asked questions
No. Alabama recovers all approved Medicaid medical assistance except Medicare cost-sharing from the estates of recipients who were 55 or older when they received it, and from recipients who were permanently institutionalized at any age.
Recovery is deferred while a surviving spouse is living, and while there is a surviving child under 21 or a blind or permanently and totally disabled child of any age.
The Alabama Medicaid Agency may waive recovery for an income-limited family farm or business that is the sole income-producing asset of the heirs. The waiver is not available where long-term care insurance applied or assets were illegally divested to avoid recovery. Each heir with an interest in the estate must apply for a separate undue-hardship waiver, and the request must be made within 30 days of the Agency's notice against the estate.
When someone dies
Steps after a death in Alabama
5-step process for Alabama Medicaid Agency — Estate Recovery.
View details →
Sources
Data sourced from Medicaid Estate Recovery in Alabama primary sources (4 pages reviewed). How we research.
Medicaid Recovery
Alabama
medicaid.alabama.gov/content/7.0_Providers/7.1_Third_Party/7.1.1_Estate_Recovery.aspx→Administering agency
Alabama Medicaid Agency — Estate Recovery
Phone(334) 242-5727
WebsiteVisit website →
Authority
Ala. Admin. Code r. 560-X-33-.05; Code of Ala. 1975, §§ 22-1-11, 22-6-8
Verified Jul 2026