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

Medicaid Estate Recovery in Georgia: when someone dies

A 4-step process for Georgia Department of Community Health — State Medicaid Estate Recovery Program after a death in Georgia.

OverviewWhen someone dies

Medicaid Recovery

Georgia

medicaid.georgia.gov/programs/third-party-liability/medicaid-estate-recovery→

Administering agency

Georgia Department of Community Health — State Medicaid Estate Recovery Program

Phone770-916-0328
WebsiteVisit website →

Authority

Ga. Comp. R. & Regs. 111-3-8 (Estate Recovery); O.C.G.A. 49-4-147.1

Verified Jul 2026

Steps to take

  1. Determine whether the deceased received Medicaid long-term care at age 55 or older, or was an inpatient in a nursing facility, intermediate care facility, or other medical institution at any age.
  2. Contact the State Medicaid Estate Recovery Program at the Department of Community Health to confirm whether a claim applies and request the amount.
  3. Address any claim as a debt of the estate before distributing assets to heirs, after the first $25,000 exemption for qualifying deaths.
  4. Request an undue-hardship waiver in writing within 30 days of the notice if recovery would take an income-producing farm that is an heir's sole income source with annual gross income of $25,000 or less, or would make the applicant eligible for needs-based public assistance (Rule 111-3-8-.08). The waiver must be shown by clear and convincing evidence, and the Department decides within 30 days.

Georgia Department of Community Health — State Medicaid Estate Recovery Program

Phone: 770-916-0328

Visit the agency website →

Frequently asked questions

Yes. For deaths on or after July 1, 2018, the Commissioner waives any claim against the first $25,000 of the estate, and an estate with a gross value of $25,000 or less is exempt from recovery entirely. Heirs may also request an undue-hardship waiver by showing clear and convincing evidence of hardship.

SimplyTrustSimplyTrust Editorial·Updated July 14, 2026

Sources

  • law.cornell.edu
  • law.justia.com
  • medicaid.georgia.gov
  • rules.sos.ga.gov

Data sourced from Medicaid Estate Recovery in Georgia primary sources (5 pages reviewed). How we research.

Medicaid Recovery

Georgia

medicaid.georgia.gov/programs/third-party-liability/medicaid-estate-recovery→

Administering agency

Georgia Department of Community Health — State Medicaid Estate Recovery Program

Phone770-916-0328
WebsiteVisit website →

Authority

Ga. Comp. R. & Regs. 111-3-8 (Estate Recovery); O.C.G.A. 49-4-147.1

Verified Jul 2026
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