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

Medicaid Estate Recovery in Maryland: when someone dies

A 4-step process for Maryland Department of Health — Recoveries and Financial Services Division, Estates, Liens & Trust Section after a death in Maryland.

OverviewWhen someone dies

Medicaid Recovery

Maryland

health.maryland.gov/mmcp/Pages/home.aspx→

Administering agency

Maryland Department of Health — Recoveries and Financial Services Division, Estates, Liens & Trust Section

Phone410-767-6613
WebsiteVisit website →

Authority

Md. Code, Health-General 15-121; COMAR 10.09.24.15

Verified Jul 2026

Steps to take

  1. Determine whether the deceased received Maryland Medical Assistance benefits at age 55 or older, or owned real property on which the Department imposed a lien.
  2. Contact the Recoveries and Financial Services Division (410-767-6613) to confirm whether a recovery claim applies and to request the amount paid on the recipient's behalf.
  3. Address the claim as a general creditor claim of the estate — after court fees, administration expenses, funeral expenses, attorney's fees, and taxes — before distributing assets to heirs.
  4. Ask the Department for a substantial-hardship waiver if the claim would force the sale of the property and remove a qualifying dependent who lived there for at least 2 years before the death.

Maryland Department of Health — Recoveries and Financial Services Division, Estates, Liens & Trust Section

Phone: 410-767-6613

Visit the agency website →

Frequently asked questions

The Department may seek recovery only after the death of the recipient's surviving spouse, and only when there is no surviving child (an unmarried person younger than 21) and no surviving son or daughter who is blind or disabled.

Yes. Md. Code, Health-General 15-121(b) requires the Department to waive the claim where enforcement would cause substantial hardship. COMAR 10.09.24.15 defines that as a claim that would force the sale or transfer of the decedent's real property and remove a dependent who lived in the property at the date of death, lived there continuously for at least 2 years before the death, and cannot provide an alternate residence.

No. COMAR 10.09.24.15 bars the Department from recovering Medical Assistance payments of Medicare premiums, copayments, or deductibles from a deceased individual's estate.

SimplyTrustSimplyTrust Editorial·Updated July 14, 2026

Sources

  • health.maryland.gov
  • mgaleg.maryland.gov
  • regs.maryland.gov

Data sourced from Medicaid Estate Recovery in Maryland primary sources (4 pages reviewed). How we research.

Medicaid Recovery

Maryland

health.maryland.gov/mmcp/Pages/home.aspx→

Administering agency

Maryland Department of Health — Recoveries and Financial Services Division, Estates, Liens & Trust Section

Phone410-767-6613
WebsiteVisit website →

Authority

Md. Code, Health-General 15-121; COMAR 10.09.24.15

Verified Jul 2026
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