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

Medicaid Estate Recovery in Minnesota: when someone dies

A 5-step process for Minnesota Department of Human Services — Medical Assistance Estate Recovery after a death in Minnesota.

OverviewWhen someone dies

Medicaid Recovery

Minnesota

mn.gov/dhs/people-we-serve/adults/health-care/health-care-programs/programs-and-services/estate-recovery.jsp→

Administering agency

Minnesota Department of Human Services — Medical Assistance Estate Recovery

WebsiteVisit website →

Authority

Minn. Stat. 256B.15

Verified May 2026

Steps to take

  1. Determine whether the deceased received MA-paid long-term care at age 55 or older, or was permanently institutionalized at a younger age.
  2. Notify the Department of Human Services and confirm whether a recovery claim applies, including whether the expanded estate reaches life estate, joint tenancy, or transfer-on-death interests.
  3. Address the claim as a debt of the estate before distributing assets to heirs.
  4. Confirm whether recovery is deferred for a surviving spouse or a surviving child under 21 or a blind or permanently and totally disabled child.
  5. Request an undue-hardship waiver from the Department if recovery would impose undue hardship under Minn. Stat. 256B.15, subd. 5.

Minnesota Department of Human Services — Medical Assistance Estate Recovery

Visit the agency website →

Frequently asked questions

Yes. Under Minn. Stat. 256B.15, subd. 1a, the recoverable estate is expanded to include a recipient's interest in real property held as a life tenant or joint tenant with right of survivorship, along with joint accounts, pay-on-death accounts, and transfer-on-death and living-trust interests.

Medicaid Recovery

Minnesota

mn.gov/dhs/people-we-serve/adults/health-care/health-care-programs/programs-and-services/estate-recovery.jsp→

Administering agency

Minnesota Department of Human Services — Medical Assistance Estate Recovery

WebsiteVisit website →

Authority

Minn. Stat. 256B.15

Verified May 2026