Florida Agency for Health Care Administration, Medicaid Third Party Liability Recovery Program
Florida · Medicaid Recovery
ahca.myflorida.com/medicaid/medicaid-policy-quality-and-operations/medicaid-operations/third-party-liability-tpl.htmlMedicaid Estate Recovery in Florida
Accepting Florida Medicaid medical assistance creates a debt to the Agency for Health Care Administration for everything paid for the recipient after the recipient reached 55 years of age. The Agency recovers by filing a statement of claim against the deceased recipient's probate estate, through its Third Party Liability Recovery Program.
Steps to take when someone dies
Medicaid Estate Recovery in Florida: key facts
What Florida says5
- Who is subject to recovery
Recipients who received Medicaid medical assistance after reaching age 55. Payment of benefits to a person under the age of 55 does not create a debt.1
- When recovery is deferred or barred
The debt is not enforced if the recipient is survived by a spouse, by a child under 21, or by a child who is blind or permanently and totally disabled.1
- Exemptions and protected assets
No debt under the Act is enforced against property determined to be exempt from the claims of creditors under the Florida Constitution or laws of this state, which is how constitutional homestead is protected.1
- Undue-hardship waiver
The personal representative or any heir may ask the Agency to waive recovery for hardship. A hardship does not exist solely because recovery will prevent heirs from receiving an anticipated inheritance.1
The Agency's criteria include an heir who lived in the decedent's residence for the 12 months before death and owns no other residence, an heir who would be deprived of food, clothing, shelter, or medical care, an heir whose full-time care delayed nursing home entry, and a sale cost at or above the property's value.1
- How the state files its claim
The Agency recovers by filing a statement of claim in the probate proceeding.1
Where there are no liquid assets, nonexempt property that is not protected homestead is sold to satisfy the claim. Real property is never transferred to the Agency.1
The AHCA page states that notices to Florida Medicaid about estate probate actions must be submitted in accordance with sections 409.910, 409.9101, and 733.2121, Florida Statutes.2
Governing law: Fla. Stat. 409.9101 (Medicaid Estate Recovery Act)
Florida Medicaid estate recovery
Florida Agency for Health Care Administration, Medicaid Third Party Liability Recovery Program
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Tools for Planning and Settling an Estate in Florida
Free calculators and checklists for planning or settling an estate in Florida: will and trust costs, probate, executor pay, and inheritance taxes.
How Do I Settle an Estate?
Settling an estate in Florida: the personal representative files the estate inventory within 60 daysFla. Prob. R. 5.340; Fla. Stat. § 733.604Verified Sep 15, 2026View source of appointment; creditors have 3 monthsFla. Stat. §§ 733.2121, 733.702 (later of 3 months from first publication or 30 days from service on a served creditor), 733.703, 733.705, 733.707, 733.710Verified Oct 18, 2026View source to present claims; a simple estate closes in 6 months to 9 months.
How Much Does Probate Cost?
Probate on a $500,000 estate in Florida costs an estimated $30,600Fla. Stat. § 733.6171Verified Sep 8, 2026View source. Attorney fees on a statutory schedule presumed reasonableFla. Stat. § 733.6171Verified Sep 8, 2026View source.
Do I Need Probate?
Florida sets no dollar limit for its Disposition Without AdministrationFla. Stat. § 733.402 (bond — required by default: "Unless the bond requirement has been waived by the will or by the courtVerified Sep 8, 2026View source; eligibility turns on other tests.
Who Inherits Without a Will?
Without a will in Florida, a surviving spouse takes the entire estateFla. Stat. § 732.102Verified Sep 10, 2026View source when every child of either spouse is a child of both, and descendants divide what passes to them per stirpesFla. Stat. § 732.104Verified Sep 10, 2026View source.
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