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

Medicaid Estate Recovery in Illinois: when someone dies

A 4-step process for Illinois Department of Healthcare and Family Services — Estate Recovery Program after a death in Illinois.

OverviewWhen someone dies

Medicaid Recovery

Illinois

hfs.illinois.gov/medicalclients/medicaidestaterecovery/guidetothemedicaidestaterecoveryprogram.html→

Administering agency

Illinois Department of Healthcare and Family Services — Estate Recovery Program

Phone217-785-2711
WebsiteVisit website →

Authority

305 ILCS 5/5-13; hardship waiver 89 Ill. Adm. Code 102.210

Verified May 2026

Steps to take

  1. Determine whether the deceased received AABD medical assistance after age 55, or resided in a long-term care facility after a medical-institution stay of more than 120 days.
  2. Respond to the Notice of Intent to File a Claim Against the Estate that HFS sends to the estate representative or heirs, providing the information requested.
  3. Treat an estate recovery claim as a debt of the estate; funeral, legal, and mortgage costs are paid before the claim.
  4. Request a hardship waiver within 60 calendar days of the notice if recovery would cause an heir or legatee undue hardship, returning the application with supporting documents.

Illinois Department of Healthcare and Family Services — Estate Recovery Program

Phone: 217-785-2711

Visit the agency website →

Frequently asked questions

Illinois files a claim against the estate of a person who received Aid to the Aged, Blind or Disabled (AABD) medical assistance. A claim covers AABD medical assistance paid after the recipient's 55th birthday, and may cover all medical assistance paid for a long-term care resident who was in a medical institution more than 120 days, regardless of age.

No recovery is satisfied while there is a surviving spouse, a child under 21, or a child of any age who is blind or permanently and totally disabled. For deaths on or after July 1, 2022, the first $25,000 of estate value is also protected from recovery.

An heir or legatee files a Hardship Waiver Application with HFS within 60 calendar days of the Notice of Intent to File a Claim. The criteria under 89 Ill. Adm. Code 102.210 include an income-producing family business held at least 12 months that supplies 50% or more of the heirs' livelihood, or recovery that would leave heirs dependent on public assistance.

Medicaid Recovery

Illinois

hfs.illinois.gov/medicalclients/medicaidestaterecovery/guidetothemedicaidestaterecoveryprogram.html→

Administering agency

Illinois Department of Healthcare and Family Services — Estate Recovery Program

Phone217-785-2711
WebsiteVisit website →

Authority

305 ILCS 5/5-13; hardship waiver 89 Ill. Adm. Code 102.210

Verified May 2026