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Home→Agencies→Medicaid Estate Recovery→California→When someone dies

Medicaid Estate Recovery in California: when someone dies

A 4-step process for California Department of Health Care Services — Estate Recovery Program after a death in California.

OverviewWhen someone dies

Medicaid Recovery

California

dhcs.ca.gov/services/estate-recovery-program→

Administering agency

California Department of Health Care Services — Estate Recovery Program

Phone916-650-0590
WebsiteVisit website →

Authority

Cal. Welf. & Inst. Code 14009.5

Verified Jul 2026

Steps to take

  1. Determine whether the deceased received Medi-Cal at age 55 or older, or was permanently institutionalized.
  2. Confirm whether there is a surviving spouse or registered domestic partner, a child under 21, or a blind or disabled child, in which case no claim is made.
  3. Contact DHCS Estate Recovery to confirm whether a claim applies and request the amount before distributing probate assets.
  4. Submit a substantial-hardship waiver request to DHCS within 60 days of the date on the claim letter if enforcement would cause hardship.

California Department of Health Care Services — Estate Recovery Program

Phone: 916-650-0590

Visit the agency website →

Frequently asked questions

For deaths on or after January 1, 2017, recovery reaches only assets that pass through probate and is limited to payments for nursing facility services, home and community-based services, and related hospital and prescription drug services received at age 55 or older.

No. Under Cal. Welf. & Inst. Code 14009.5, the department does not claim against the estate when there is a surviving spouse or surviving registered domestic partner, a surviving child under 21, or a surviving child who is blind or disabled.

Yes. DHCS waives its claim where enforcement would result in substantial hardship, and waives it when the estate is a homestead of modest value. The hardship waiver request is submitted within 60 days of the date on the DHCS estate recovery claim letter.

SimplyTrustSimplyTrust Editorial·Updated July 14, 2026

Sources

  • dhcs.ca.gov
  • leginfo.legislature.ca.gov

Data sourced from Medicaid Estate Recovery in California primary sources (2 pages reviewed). How we research.

Medicaid Recovery

California

dhcs.ca.gov/services/estate-recovery-program→

Administering agency

California Department of Health Care Services — Estate Recovery Program

Phone916-650-0590
WebsiteVisit website →

Authority

Cal. Welf. & Inst. Code 14009.5

Verified Jul 2026
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